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(영문) 인천지방법원 2014.06.09 2013고단7981
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 26, 2007, the Defendant issued a summary order of KRW 1 million from the Incheon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million from the same court on October 7, 201 to a violation of the Road Traffic Act (driving).

On September 18, 2013, the Defendant was under the influence of alcohol of 0.089% with blood alcohol concentration around 00:50 on September 18, 2013, and the Defendant driven approximately 8 km vehicles from the front of the stone station in Seongbuk-gu Seoul, Seongbuk-gu, Seoul to the front of the Changdong Middle School located in 722, Dobong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and report on the results of crackdown on driving under the influence of alcohol;

1. Inquiry reports on criminal records, etc., and application of each summary order statutes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of sentence: Fine of 5 million won (free circumstances) : The blood alcohol concentration in the instant case is not high, there is a considerable interval from the previous records of driving under the influence of alcohol, the fact that there is no particular criminal record other than the driving under the influence of alcohol, the serious reflect [3 times] of driving under the influence of alcohol.

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