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(영문) 인천지방법원 부천지원 2017.02.28 2016고단3280
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 22, 2010, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 3 million as a fine on October 30, 2016 at the Incheon District Court Branch Branch of the Incheon District Court on December 9, 2016, respectively.

On November 6, 2016, the Defendant driven a BM3 car under the influence of alcohol content of about 0.192% at a 50-meter radius from the Do in the Simri-ri located in the Simri-ri, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, to the front road of the “FFF sports center” located in approximately 17 m384, a 50-meter radius.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement (List 7) made by the police against C;

1. Survey report on actual condition (list 1), and notification of the results of crackdown on drinking driving (list 3);

1. Previous conviction: Application of the Act and subordinate statutes of inquiry about criminal history (8) and summary order (List 15);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The above judgment became final and conclusive around May 8, 2015, on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, due to a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc. in relation to collective action and a deadly weapon, etc.) committed in relation to the Defendant’s favorable circumstances (a confession and reflection) or unfavorable circumstances (a violation of the Act in relation to the punishment of Violence, etc. in the branch court of the Chuncheon District Court on April 30, 2015).

In addition to the suspended execution period, even though it was already under control due to the crime of drinking on October 30, 2016, the punishment is determined as ordered by taking into account all of the sentencing factors in the instant case, such as the Defendant’s age, sexual behavior, living environment, and circumstances after the crime, without being well aware of, and after one week from the control date, the crime of drinking again is committed, and the quality of the crime is very pleasure, blood alcohol concentration is considerably high) and other sentencing factors in the instant case, such as the Defendant’s age, sexual behavior, living environment, etc.

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