(영문) 인천지방법원 2017.11.22 2017고단6864

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Reasons

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(영문) 인천지방법원 2017.11.22 2017고단6864

도로교통법위반(음주운전)

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

On June 22, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on June 22, 2009, and a fine of five million won for the same crime at the same court on February 5, 2015.

Although the Defendant had had a history of driving alcohol more than twice as above, on July 25, 2017, the Defendant driven a B-hand vehicle with alcohol concentration of 0.172% under the influence of alcohol during blood around 14:11 on July 25, 2017, and proceeded with a section of approximately 6 km from the old south-dong of the National Assembly member of Ansan-si to the front road of the same 1114-ro of loans of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions: References to inquiries, investigation reports (reports attached to the previous convictions and the summary order attached thereto), and the application of Acts and subordinate statutes attached thereto;

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

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, even though he had the record of the same kind of crime, is driving a motor vehicle under the influence of alcohol at the same time, and the nature of the crime is not less than that of the crime in this case. However, the defendant is determined as above by considering the following circumstances: (a) the defendant is deemed to have been guilty as having been under the influence of drinking on the preceding day; (b) the defendant was driving a motor vehicle; (c) there was no violation of other traffic-related statutes; (d) the defendant did not repeat a crime, such as selling the motor vehicle in possession; and (e) the defendant's age, sex, occupation, environment, family relationship, etc.; and (e) the defendant has been

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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