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(영문) 인천지방법원 2017.08.16 2017고단3770
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 15, 2013, the Defendant was under the influence of alcohol with a maximum alcohol content of 0.101% while driving a alcohol while under the influence of alcohol. On November 19, 2013, the Defendant was issued a summary order of KRW 3 million on January 22, 2014 at the Suwon Friwon, when he/she driven a alcohol while under the influence of alcohol with a maximum alcohol concentration of 0.052% during blood.

On May 12, 2017, at around 02:05, the Defendant driven B Masp vehicles under the influence of alcohol concentration of about 0.132% from around 539 meters around the roads in front of the Incheon Bupyeong-gu Women's Culture Center, from around 02:05, the Defendant driven B Masp vehicles under the influence of alcohol concentration of about 0.132% at around 200 meters around the roads in front of the Women's Culture Center.

As a result, the defendant was driving a drinking twice or more times, and again driving a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Investigation report (a copy of summary order accompanied by a copy of the summary order);

1. Application of one copy of the summary order issued under the Acts and subordinate statutes; and

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process 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 sentence is determined as ordered.

Unfavorable circumstances: the defendant has previously been punished for drinking driving.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no past record of punishment of imprisonment without prison labor or heavier punishment.

In the past, punishment for drinking driving is only one time.

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