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(영문) 인천지방법원 부천지원 2018.07.23 2018고단1416
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 25, 2018, at around 06:10, the Defendant driven a C’s car every time under the influence of alcohol concentration of about 3 km from around 06:10 to the same time-dong Kimpo-dong, Kimpo-si road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the reporting on the circumstances of driving a drinking driver, the statement and investigation report on the circumstances of a drinking driver, and the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) - favorable circumstances: The Defendant recognized and reflected the error.

In order to work after drinking alcohol at night, it was controlled as a drinking driver while driving in order to take part in the work after drinking, and it is somewhat possible to take into account the circumstances.

- Unfavorable circumstances: The Defendant has long been punished once by a fine due to drinking refusal, twice a fine due to drinking alcohol driving or non-licensed driving, or once a suspended sentence of imprisonment due to drinking driving (Provided, That previous convictions before 15 years). - Other factors, such as motive for the crime, method of crime, degree of alcohol concentration in blood, etc., shall be determined as follows:

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