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(영문) 인천지방법원 2017.06.14 2017고단1574
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

[criminal history] On November 3, 2006, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of road traffic law at the Suwon Flag Flag Flag, and on April 25, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving under drinking), from an Ansan Flag Flag.

[2] On February 24, 2017, at around 01:07, the Defendant driven a B low-water car with alcohol content of 0.128% while under the influence of alcohol at a distance of about 200 meters from the front road of Hangygy road of 180, Nam-gu, Incheon, Incheon, to the 845 front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions);

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. In addition, in light of the fact that the defendant's reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the defendant's responsibility is less than that of the defendant in light of the fact that the defendant was under suspension of execution due to the crime of driving without a license, even though he was under suspension of execution.

However, the previous records of the same kind are punished by a fine, and some of them have long been punished by a fine, and the degree of the crime is not serious, such as the drinking volume and driving distance in this case, and the defendant's mistake is currently divided in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and the punishment shall be determined as per the order in consideration of various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime.

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