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(영문) 인천지방법원 2017.06.07 2017고단2450
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 January 20, 2012, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 4 million as a fine in the same court on May 30, 2012.

Although the Defendant had had a record of driving alcohol twice or more as above, on March 27, 2017, around 01:00, under the influence of alcohol concentration of approximately 0.110%, the Defendant driven B rocketing car while under the influence of alcohol concentration of around 0.110%, and proceeded with approximately 500 meters from the Do adjacent to the station located in the State of the Nam-gu, Nam-gu, Incheon Metropolitan City, to the front of the 666-gu Haak-gu Do.

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 (Attachment to summary orders), and copies of summary orders attached thereto; and the application of Acts and subordinate statutes applicable 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had the criminal records of the same kind of crime in the order of provisional payment, is very weak for the Defendant driving of a vehicle under the influence of alcohol in the instant crime. However, it does not reach the degree of violation of other traffic-related Acts and subordinate statutes, the driving distance was shorter, the Defendant’s misunderstanding of his fault, and the sale of the vehicle in possession, etc. should not be reoffending. In addition, the Defendant’s punishment is determined as above by taking into account all the circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, occupation, environment, family relationship, etc.

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