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(영문) 인천지방법원 2013.05.22 2012고합782
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.

Reasons

Punishment of the crime

On March 26, 2010, the Defendant was sentenced to a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Jung-gu District Court on March 26, 201, and a fine of KRW 1,00,000 for a violation of the Road Traffic Act at the Incheon District Court on April 12, 2010.

On June 11, 2012, at around 23:18, the Defendant driven C Lasta car with a blood alcohol concentration of 0.161% from a section of approximately 400 meters from the front street of Gyeyang-dong Incheon Gyeyang-dong to the front road of the Gyeyang-dong Incheon Gyeyang-dong 90-13 Sinyang-dong, Gyeyang-gu, Incheon.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Investigation report, report on the situation of a drinking driver, inquiry report made as a result of the control of drinking driving, and circumstantial statement of a drinking driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. In light of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order had a previous conviction for two times due to drunk driving, he/she re-driving a motor vehicle despite the previous conviction, and that the blood alcohol concentration level at the time of the instant case is not low, it is necessary to punish the defendant strictly.

However, the range of driving distance is somewhat short, and the punishment was determined by comprehensively taking account of various sentencing factors indicated in the records of this case, such as the defendant's age, character and conduct, family environment, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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