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(영문) 인천지방법원 2018.01.31 2017고단8266

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 8, 2008, the Defendant issued a summary order of KRW 1 million to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on September 8, 2008, and on November 22, 201, the Defendant issued a summary order of KRW 6 million to a fine by the same court as the same crime, etc.

Although the Defendant had been subject to punishment twice or more due to the violation of the Road Traffic Act (drinking driving), on October 20, 2017, the Defendant driven C Cost Star Corer under the influence of alcohol content of 0.118% from around 03:38 on October 20, 2017, and proceeded with approximately 500 meters from the front side of the Incheon Bupyeong-gu Incheon Bupyeong-gu 17-ro Jin apartment road to the road of 121-ro, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous conviction: Application of a written inquiry, a criminal investigation report (the suspect's previous conviction and attachment of the summary order), and a copy of the summary order attached thereto;

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. 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 of the Criminal Procedure Act is not good when the defendant drives a motor vehicle under the influence of two times in spite of the previous criminal records of the same kind of crime. However, for about six years, there was no record of punishment for the same crime. The circumstance that the defendant alone must support her husband and her mother's family members, etc. who are in line with her husband who are in line with her mother, late later her mistake is divided, and sale of her vehicle owned under her husband's name, etc. In addition, the defendant's age, sex, environment, family relationship, etc. shall be determined by taking into account all the circumstances that are the condition for sentencing, such as the defendant's age, sex, family relation, etc.