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(영문) 인천지방법원 2018.04.11 2017고단9256
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On November 12, 2017, around 05:10, the Defendant driven B K5 car under the influence of alcohol content of about 0.343% from the section of approximately 1.2 km from the road near the Seo-gu Incheon Metropolitan City Seo-gu Han-dong to the road in front of the same new ringro-ro 9.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article 148-2 (2) 1 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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows: (a) comprehensively taking account of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the punishment as set forth in the Disposition above.

Unfavorable circumstances: The degree of alcohol concentration in blood at the time of detection is very high to 0.343%, the distance of drunk driving is not short to 1.2km, the degree of physical damage is high to the vehicle under parking on one side, and the vehicle under parking is high to cause physical damage by shocking the vehicle under parking: The crime of this case is recognized, the mistake is against the crime of this case, there is no record of criminal punishment for the same crime before, and it is hard to say that the driver does not drive under drinking again.

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