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(영문) 인천지방법원 2014.03.27 2013고단8166
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On September 27, 2007, the Defendant was sentenced to a fine of two million won by this court for a violation of the Road Traffic Act (driving) and a fine of two million won by the same court on October 15, 2008.

At around 02:30 on November 27, 2013, the Defendant driven CK5 car under the influence of alcohol content of about 0.216% at a section of approximately 500 meters from around the hotel of Yeonsu-gu Incheon Metropolitan City to the front right of the 510th class of the same 510th class.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A report on the statement of his/her oral statement;

1. Application of replys to criminal records, etc., investigation report Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 5,000,000 to 15,000,000; and

2. Determination of sentence: The fact that a fine is imposed in 7,00,000 won (limited to reasonable circumstances), the defendant's serious reflect, the fact that the defendant's ability to drive alcohol is relatively old, and the fact that the defendant filed a report on the driving of alcohol directly (unfavorable circumstances) 112; and the blood alcohol concentration (0.216%) higher; and

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