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(영문) 인천지방법원 2016.10.13 2016고단5192
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 January 28, 2013, at the Incheon District Court, the Defendant was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million by the same court on June 17, 2014.

On July 21, 2016, the Defendant, as a person who violated the drinking alcohol twice or more, driven a BSP vehicle under the influence of alcohol concentration of 0.076% on July 21, 2016, and proceeded with a section of approximately 800 meters from the southdong-gu Incheon Metropolitan City, Namdong-gu, Namdong-gu, Incheon to the front side of the training-ro 534-gil 534, 35-gilh from the Namnamnam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant, while having the same criminal power as twice as a result of drunk driving, has been driven under the influence of alcohol, and the nature of the crime is not less than that of the crime in this case. However, although the defendant, after holding a meeting which includes workplace rent and half week, he is difficult to be represented by a substitute driving engineer, the defendant moved to another place, so he is difficult to be represented by the substitute driving engineer, so he has the substitute driving engineer drive with his mind; the fact that the defendant did not violate other traffic-related Acts and subordinate statutes; the fact that the defendant did not go to violate other traffic-related Acts and subordinate statutes; the second, his mistake is divided; the defendant's age, character and behavior, occupation, environment, family relationship, etc.; and the above punishment should be determined as above,

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