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(영문) 인천지방법원 2017.08.16 2017고단3903
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 17, 2017, under the influence of alcohol concentration of 0.155% (the result of collecting blood) during blood transfusion, the Defendant driven a B Belgium car and proceeded with approximately KRW 300 meters from the vicinity of the Bupyeong-gu Incheon Bupyeong-gu to the funeral of the Incheon Bupyeong-gu and the road in front of the same number of sunlights.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of the driver involved in the primary driving and a statement in the circumstances of the driver involved in the primary driving;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) 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 motor vehicle in this case under the influence of alcohol. However, although the defendant was not a substitute driver after drinking alcohol on the day of drinking, the defendant was not a substitute driver for a considerable time, but he did not proceed to a violation of other traffic-related Acts and subordinate statutes; the driving distance was relatively short; the driving distance was a relatively short; the re-transfer was made to a department which does not drive a motor vehicle; the defendant's error was later divided into two parts; the defendant's age, sexual behavior, environment, family relationship, etc. was also taken into account, and all other circumstances constituting the conditions for sentencing such as the defendant's age, sex, and family relationship.

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