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(영문) 인천지방법원 2018.12.12 2018고단7841

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On February 15, 2008, the Defendant received a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law at the Suwon Flag Flag, and on October 24, 2018, the Incheon District Court issued a fine of KRW 3,00,000 as a fine for a violation of road traffic law.

[2] On September 1, 2018, at around 06:15, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.071% at the 1km section from the front of the mountain district located on the 43-gilh-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Seoul, to the front of the Incheon Masan Police Station located on the 104th day of death of war.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (related to attachment of summary orders);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)6 of the Criminal Act (the following favorable circumstances in the grounds for sentencing) of the mitigated amount

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the nature of the crime is not good in light of the fact that the driving of the instant drinking in violation of the provisions prohibiting driving of drinking at least twice the reason of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment, the driving of the relevant motor vehicle and the search for the police station to resist the police officer who does not request the collection of blood after regulating the driving of drinking at around 03:43 on September 1, 2018. The driving of the motor vehicle and the search for the motor vehicle to resist the police officer who does not request the collection of blood was conducted at around 03:43 on September 1, 2018. The new detection was made because of smell in the police station, and the degree of alcohol concentration is not high.