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(영문) 인천지방법원 2016.08.18 2016고단3585
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 18, 2013, the Defendant issued, at the Incheon District Court, a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on August 5, 2009, a summary order of KRW 1 million for the same crime at the same court.

Although the Defendant had had a history of driving alcohol twice or more as above, on June 10, 2016, the Defendant driven a vehicle BA while under the influence of alcohol concentration of 0.138% during blood at around 01:30 on June 10, 2016, and proceeded with a section of about 50 meters from the 255-2 beer-2 beerd 255, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon to the front parking lot of the “Yan River” located in 255, Seo-gu, Seo-gu, Jeju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The ledger using the measuring instruments for drinking;

1. Previous conviction: References to inquiries, reports on investigation (the same criminal record as the suspect), and copies of the summary order 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 not good when the defendant drives while under the influence of alcohol two times in spite of the previous criminal records of the same kind. However, the defendant, while operating a gas station without an employee, committed the crime of this case in order to have the parked vehicle deducted from his/her parked vehicle while waiting for his/her substitute driver, and did not proceed to the violation of other traffic-related Acts and subordinate statutes, and is making efforts to not repeat the crime by employing an employee to take charge of the delivery of oil, and allowing him/her to drive the vehicle by taking into account all other circumstances such as the defendant's age, sex, environment, family relationship, etc.

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