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(영문) 인천지방법원 2016.07.21 2016고단1994
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 2, 2013, the Defendant issued a summary order of a fine of KRW 5 million in the Incheon District Court due to a violation of the Road Traffic Act (drinking) at the Incheon District Court on October 2, 201; a summary order of KRW 4 million in the same court as on February 16, 201; a summary order of KRW 3 million in the same court as on October 4, 2007; and a summary order of KRW 3 million in the same court as on the same crime, etc.; and

4. A person who has a record of driving alcohol at least twice, such as being issued a summary order of a fine of 1.5 million won for the same crime in the support of the Youngcheon District Court in the field of the same offense;

Nevertheless, on March 28, 2016, under the influence of alcohol content 0.054% from blood, the Defendant driven a car in the ice-type C in the state of alcohol, and proceeded with approximately 5 km from the wedding apartment parking lot located in the Bupyeong-gu Incheon Bupyeong-dong 490-6, Bupyeong-gu, Incheon to the front roads of Incheon Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Partial statement of the defendant;

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

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

1. Previous conviction: To inquire about a reply, confirm the history of drinking driving, and apply a copy of each summary order attached thereto;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only five times the criminal records of the same kind, but also the defendant was sentenced to six months of imprisonment with prison labor for forced indecent act by the Incheon District Court on September 26, 2014, and thus, he/she committed the instant crime under the influence of alcohol even though he/she was under the period of repeated offense. According to the above evidence, even if he/she was found guilty of the instant facts charged, the crime is not good, and according to the above evidence, even if he/she was found guilty of the instant facts charged, he/she measured the amount of alcohol concentration between 30 minutes and 90 minutes after the drinking ends, and thus, he/she conducted a breath measurement with the respiratory concentration measuring instrument during the blood concentration between 30 minutes and 90 minutes after the drinking termination. Thus, at the time

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