(영문) 인천지방법원 2018.08.22 2018고단4760

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(영문) 인천지방법원 2018.08.22 2018고단4760

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

[criminal history] The defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on November 3, 2008, and on October 11, 2010, the defendant was sentenced to a summary order of 3.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on October 1, 201, and was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act at the Incheon District Court on more than two occasions.

[2] On April 20, 2018, the Defendant driven a coo vehicle from around 10 meters to around 72Mo-ro, Seo-gu, Seo-dong Standing Zone, Gwangju, with alcohol content of 0.096% during blood transfusion around April 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and investigation report (report on the circumstances of the driver under driving under driving under drinking);

1. References to inquiries, such as criminal history, reports on investigation (such attached records), and application of Acts and subordinate statutes of Part II of the summary order;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant was subject to two times punishment due to the crime of violating the Road Traffic Act (driving), while the defendant is against the crime of this case, the defendant's alcohol content (0.096%) in the blood of the defendant at the time of this case, driving distance, driving distance, the defendant's age, sexual behavior, environment, motive, method and method of the crime of this case, and circumstances after the crime of this case, etc., shall be determined by comprehensively taking account of the following factors:

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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