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(영문) 인천지방법원 2018.01.26 2017고단8211
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 October 20, 2017, at around 02:20, the Defendant driven Cbea car with approximately 4km from the vicinity of the household market in Seo-gu Incheon, Seo-gu, Incheon, to the long distance of 865 South Dong-dong, Nam-gu, Incheon, under the influence of alcohol level of 0.119% during blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of drinking alcohol, a report on the circumstances of driving alcohol and a report on the circumstances of the driver of drinking alcohol;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of statutes on site photographs;

1. Relevant Article 148-2 (2) 2 and Article 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 under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant had been sentenced to a fine due to driving of drinking at around 2016, again driven under the influence of alcohol, and led to the instant crime. The Defendant committed the instant crime. The Defendant’s crime was likely to cause more severe traffic accidents even in light of the exposure of drinking, which the Defendant was under the influence of alcohol while stopping on the road due to the influence of alcohol.

Considering the social harm of drinking driving, there is a need to punish the defendant's crime heavierly.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The defendant has no record of criminal punishment except for a fine imposed once due to driving of alcohol.

The Defendant is in profoundly against the instant case, and the Defendant has been living in a very strong manner so as not to cause this work.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all the sentencing conditions in the process of the change.

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