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(영문) 인천지방법원 2017.12.06 2017고단7449
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 18, 2017, the Defendant driven a horse side car with alcohol content of 0.164% while under the influence of alcohol during blood at around 02:49, and proceeded with a section of approximately 80 meters from the front of the road of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the road of the same 45 square meters away from the road of the Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 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, even though the Defendant had the same criminal history as one time, was under the influence of driving a vehicle under the influence of alcohol, and the nature of the crime is not less than that of the instant crime. However, the Defendant was unable to easily seek a substitute driver even though he/she tried to return home through his/her substitute driving after drinking, and the judgment seems to have been completed, and the Defendant appears to have been driving a vehicle directly, the driving distance did not reach a violation of other traffic-related Acts and subordinate statutes, the driving distance did not reach a relatively relatively long range, the Defendant’s age was divided, the Defendant’s age, sex, environment, family relationship, etc., and all other circumstances leading to sentencing conditions, such as the Defendant’s age, sex, family relationship, etc.

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