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(영문) 인천지방법원 2017.11.01 2017고단6156 (1)
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 2, 2017, at around 21:50, the Defendant driven B-V car in the state of alcohol alcohol concentration of approximately 150 meters at approximately 0.166% from the 150-meter section of blood alcohol to the front road of the restaurant “Down Dob” located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

2. At around 22:22 the above day, Defendant 1 driven the said car in the state of alcohol alcohol content of approximately 0.116% from approximately 100 meters away from the above 100-day section to the erode parking lot located in 47 Don-ro 267, as the fluence of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. The application of the relevant Acts and subordinate statutes to the survey report on actual condition, the statement on the circumstances of drivers of each week, and photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the fact that the defendant's reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses commits a second crime after the control of the first crime, and that the situation and contents of the crime are not good, and that the defendant has the power to punish the driving of drinking, etc., the responsibility of the defendant is not easy.

However, the circumstances of each of the crimes of this case may be somewhat taken into account, and the degree of the crime is not serious, such as drinking volume of this case, and the previous records were punished by a fine once, and there are no particular criminal records of the defendant except that, the defendant currently repents his mistake in depth and is doing work conscientiously with the total hotel manager, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and other sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.

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