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(영문) 인천지방법원 부천지원 2017.11.30 2017고단2593
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On January 24, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law in the Incheon District Court's Busan District Court's Branch on January 24, 2008, and on June 15, 2016, the same court issued a summary order of KRW 4 million as a fine for a violation of road traffic law.

[2] On October 27, 2017, the Defendant driven a B-hand car with alcohol content of 0.151% while under the influence of alcohol without a driver’s license, from around about 400 meters from the 400-meter radius from the Hancheon-si, Seocheon-si, Seocheon-si to the same 69-way road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is placed in the main place, report on the situations of the driver who is placed in the main place, report on the circumstances of the driver license;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report attached to the judgment of driving the same kind of drinking alcohol), application of Acts and subordinate statutes attached to summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant was sentenced to a fine twice due to driving of the same kind of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, in particular, on January 26, 2017, by being sentenced to imprisonment for ten months due to special injury in the subsidiary branch of the Incheon District Court, etc., and did not know even during the period of repeated offense, and that the Defendant committed the instant crime again without being aware of it, and that the amount of alcohol concentration during blood is considerably high, there is a considerable need to punish the Defendant strictly.

However, the fact that the defendant reflects his mistake, commits a crime during the period of a repeated crime and has no record of the same kind of probation or higher, and the defendant's age, sex, driving distance (400 meters), occurrence of accident, circumstances leading to the crime, and circumstances after the crime.

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