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(영문) 인천지방법원 2017.10.13 2017고단5738
도로교통법위반(음주운전)
Text

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

[criminal history] On November 1, 2012, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 6 million, and a fine of KRW 4 million from July 6, 2015 to a crime of violating Road Traffic Act (drinking) at the Incheon District Court.

[2] On July 25, 2017, around 23:56, the Defendant driven the B 7-car under the influence of alcohol concentration of 0.073% at a distance of approximately 200 meters from the station near the station of Jung-gu, Incheon, Jung-gu, Incheon to the roads of the 200th century.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and application of Acts and subordinate statutes to criminal reports (Attachment to the same type of crimes);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, once again driven under the influence of alcohol, even though he had been sentenced to a fine twice during the last five years.

In full view of social risks of drinking driving and the fact that the defendant is driving under drinking repeatedly and repeatedly in a relatively short period, there is a need for criminal punishment against the defendant.

However, the defendant shows the form of recognizing and opposing the crime in this court.

The drinking volume of the defendant did not reach a significant level.

The defendant is not subject to any special criminal punishment if he excludes the previous conviction of a fine due to driving of the above two times of drinking.

The Defendant stated to the effect that, while returning home through an acting driver, an acting driver was forced to get off the subway station during the subway hours, the Defendant was driving from that time.

Defendants are currently healthy.

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