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(영문) 인천지방법원 2018.04.11 2018고단155
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] The defendant was issued a summary order of 1.5 million won for a crime of violating road traffic law at the Seoul Western District Court on May 26, 2016, and the same record is three times.

[Criminal facts]

1. On December 21, 2017, the Defendant driven a C-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

2. On June 13, 2016, the Defendant driving the said C-ri vehicle at the time and place indicated in paragraph 1, while the driver’s license of the vehicle was revoked.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that the Defendant driven a car without a driver’s license under the influence of alcohol level of 0.058% while blood alcohol level is under the influence of alcohol level, and the nature of the crime is not less light. The Defendant committed the instant crime even though he had already been subject to three times criminal punishment for the same crime, and even if he had already been under the influence of three times criminal punishment for the same crime, etc., which is disadvantageous to the Defendant

On the other hand, the defendant's recognition of the crime of this case and reflects the wrongness, the alcohol concentration in blood was not high at the time of detection, the distance from driving of alcohol is relatively short, and the current state of de facto employment is not good, and the wife of the defendant is the defendant.

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