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(영문) 인천지방법원 2017.02.02 2016고단5974

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 August 26, 2016, the Defendant, while under the influence of alcohol content of 0.211% during blood transfusion, driven B rocketing car with approximately 500 meters up to 250 meters in front of the gas station in Seo-gu Incheon Seo-ro 33, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to investigation reports (verification of final drinking time, etc.);

1. Relevant Article of the Act and Articles 148-2 (2) 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 on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant driven a vehicle under the influence of alcohol even though he had the record of a single kind of crime, and the nature of the crime is not less than that of the instant crime. However, the Defendant’s punishment is determined as above by taking into account the following circumstances, such as the Defendant’s age, sex, occupation, environment, family relation, etc., which are the condition for sentencing, such as the Defendant’s age, sex, occupation, family relation, etc.