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(영문) 인천지방법원 부천지원 2017.12.08 2017고정1095

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On 18:55 on 21, 2017, the Defendant driven his C cargo vehicle while under the influence of alcohol leveling 0.166%, with approximately 100 meters in front of B in Bupyeong-si on 18:55, and with alcohol leveling 0.16% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. There are circumstances that consider the reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant misleads and reflects the defendant's wrong determination, and that there is no record of punishment for the same kind of crime, however, there is a need for strict punishment in light of the risk of driving drinking. Considering the fact that the alcohol level in the blood transfusion in this case is higher than 0.166%, and that the defendant caused an accident where the defendant was under the influence of alcohol in this case while driving his residence, the amount of fine under the summary order does not seem to be excessive.