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(영문) 인천지방법원 2018.01.12 2017고단8141
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

[criminal history] The Defendant received a fine of KRW 1,50,000 from the Incheon District Court on August 11, 201, as a crime of violating the Road Traffic Act (dacting driving), and a fine of KRW 2,00,000 from the same court on October 2, 2013.

[2] On October 13, 2017, the Defendant driven a D non-Mable car under the influence of alcohol level of about 0.054% in blood alcohol level from approximately 1km section to about 588 roads, from the fluence of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon Metropolitan City, to the 588-lanes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Each investigation report (the situation report of the main driver and the specification of alcohol concentration in the blood);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant, as before the judgment, had the record of criminal punishment twice due to driving of alcohol, once again driven under the influence of alcohol, and committed this case’s crime. Considering the social risk of driving of alcohol and the fact that the Defendant was exposed to the third place due to driving of alcohol, the Defendant’s liability for the crime cannot be deemed to be light.

However, the defendant shows that the defendant recognized the crime in this court, and shows a strong reflectivity.

The Defendant’s drinking value was relatively minor, and the Defendant did not cause personal and material damage due to the instant crime.

The defendant has no record of criminal punishment except for a fine twice due to drinking driving.

Although the Defendant was using a proxy driving after normal drinking, the Defendant was under contact to the effect that there was a young child at the time of committing the instant crime.

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