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(영문) 인천지방법원 2018.08.22 2018고단4582

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 22, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on September 7, 2012, respectively.

On June 6, 2018, at around 00:19, the Defendant driven a Drocketing car with approximately 50m alcohol content of about 0.125% while under the influence of alcohol on the front of “C cafeteria” located in Nam-gu Incheon Metropolitan City B.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the fact that the defendant was sentenced two times to a fine due to a violation of the Road Traffic Act (in addition, there is no history of criminal punishment other than the crime), the defendant's blood content (0.125%) at the time of the instant case at the time of the instant case is high, while the defendant reflects the instant crime, the defendant was allowing his/her substitute driver to drive a vehicle after drinking his/her company fees and alcohol, and it appears that he/she would drive a approximately fifty meters after his/her substitute driver returned to the police, and the degree of 50 meters after his/her return to the driver is determined by taking into account the following factors as a whole: the defendant's age, sex, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the instant crime, etc., and the sentencing conditions as stated in the trial process, such as the text and the sentence shall be determined.