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(영문) 인천지방법원 2018.08.22 2018고단4574
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

On October 14, 2011, the Defendant was issued a summary order of KRW 1.5 million by a fine for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 1.5 million by the same court on March 4, 2014 as a crime of violating the Road Traffic Act.

On May 19, 2018, the Defendant driven C rocketing car with alcohol content of about 4km from around 66-30 minutes to around 66-30, Namdong-dong, Namdong-gu, Incheon, in around 23:56 on May 19, 2018, while under the influence of alcohol content of 0.074%.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver who is placed in driving, making a report on the circumstances of the driver's driving, and inquiring about the results of regulating drinking;

1. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

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 punished twice as a crime of violating the Road Traffic Act (driving), while the defendant is against the crime of this case, the defendant's alcohol concentration (0.074%) in the blood of the defendant at the time of the instant case, and other conditions of sentencing as stated in the instant records and trial process, such as the defendant's age, sexual behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime.

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