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(영문) 인천지방법원 2017.08.23 2017고단3282
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 4, 2017, around 00:57, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.362% from the 2km section, from the front of the first apartment of the YN Y, the center line of Incheon, 274, to the front road of the same military gate 57 o-ro, 12.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the provisions of Acts and subordinate statutes on site inspection reports, reports on the circumstances of drivers in the main place, and on-site photographs;

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

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse is very high, and the defendant's responsibility is not exceptionally applied in light of the fact that the defendant caused a traffic accident that shocks the external wall of the building in the process.

However, the circumstances of the instant case may be somewhat taken into account, and the damaged person does not want punishment for the material damaged part, the defendant is able to repent his mistake in depth, and there has been no past record of criminal punishment, the defendant has been living exemplary as Taekwondo instructor in his/her residential area, and the defendant has been living exemplaryly as a Taekwondo leader in his/her residential area, and other sentencing conditions specified in the instant arguments, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, after considering the circumstances after the crime, etc., shall be determined

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