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(영문) 인천지방법원 2017.04.12 2017고단332
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 May 2, 2011, the Defendant was issued a summary order of KRW 2.5 million due to a violation of road traffic law (drinking driving) in the leisure support of water sources and KRW 2.5 million due to a violation of road traffic law at the Incheon District Court on March 31, 201, and a fine of KRW 2 million due to a violation of road traffic law (drinking driving) at the Incheon District Court on March 31, 201.

Although the Defendant had had a record of driving alcohol more than twice as above, on November 29, 2016, around 01:46, while under the influence of alcohol concentration of 0.194%, the Defendant driven Bchip car and proceeded with a distance of about 50 meters from the front of the Incheon Incheon Incheon General Culture and Arts Center to the front of the 149-1 Incheon General Culture and Arts Center to the front of the building of 119-1 Incheon Metropolitan City culture and arts center.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A response to a request for appraisal and an appraisal report;

1. Previous convictions: References to inquiries, investigation reports (a confirmation before and after the driving of a suspect's drinking), and copies of 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 Provisional Payment Order is that the Defendant committed the instant crime under the influence of alcohol, even though he had the record of multiple times of crime violating the Road Traffic Act, including the same kind of crime, and even if he had the record of several times of violation, and the nature of the crime is not weak. However, the Defendant appears to have taken into account the following circumstances: (a) the Defendant, after drinking alcohol, is deemed to have been under the influence of driving due to the erroneous determination that his substitute driver was not under the influence of drinking and has been under the influence of considerable time; (b) the driving distance was shorter; (c) the Defendant was short; (d) his mistake was repented later; and (e) the Defendant’s age, sex, occupation, environment, family relationship, etc.; and (e) the sentence is to be imposed as above.

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