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(영문) 인천지방법원 2017.02.02 2016고단8098
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 March 18, 2009, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act at the Incheon District Court on March 18, 2009, and a fine of 1.5 million won or more as a crime of violating the Road Traffic Act at the Incheon District Court on October 11, 201.

Nevertheless, on October 21, 2016, the Defendant driven a BM3 car under the influence of alcohol content of 0.051% during blood at around 22:14, and proceeded with a section of approximately 500 meters from the front of the place of the mountain valley in the Busan Bupyeong-gu, Incheon to the front of the same Maro-ro 220-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The ledger using the measuring instruments for drinking;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the summary order of the same kind of force of the suspect), and the application of Acts and subordinate statutes 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 that, although the Defendant had the record of two identical kinds of crimes, driving a vehicle under the influence of alcohol at the same time, the nature of the crime does not reach the point of violating other traffic-related Acts and subordinate statutes, the blood alcohol content is low, the driving distance was relatively short, the driving distance is too short, the Defendant did not repeat again, such as selling the vehicle in possession, etc. In addition, the Defendant’s age, sex, occupation, environment, family relationship, etc. are considered, and the sentence is to be imposed as above, taking into account all the circumstances, such as the Defendant’s age, sex, occupation, and family relation.

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