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Reasons
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(영문) 인천지방법원 2016.09.22 2016고단5136
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 25, 2010, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving of Drinking) in support for the development of a water source method, and on March 17, 2011, in support for the development of a water source method, a summary order of KRW 4 million as a fine for the same crime, etc.

On August 5, 2016, the Defendant driven a motor vehicle B, under the influence of alcohol concentration of 0.195% in blood around 23:41 on August 5, 2016, which had the history of driving alcohol more than twice as above, and proceeded with about 4 km from the front way of the center in the Jeju Jeju Jeju Jeju Island to the front way of the Namdong-gu 11-20, Namdong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction: Application of a written inquiry and a written reply;

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 Criminal Procedure Act is that the Defendant is not less than the nature of the crime in this case where he drives a motor vehicle under the influence of alcohol, even though he had the record of two times the same kind of crime due to driving under the influence of alcohol, but it does not lead to the violation of other traffic-related Acts and subordinate statutes. However, the Defendant’s punishment is determined as above by taking into account the following circumstances, such as the Defendant’s age, sex behavior, occupation, environment, family relation, etc., which are the condition for sentencing, such as the Defendant’s age, sex, job, family relation, etc.

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