(영문) 인천지방법원 부천지원 2016.12.06 2016고정992

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2016.12.06 2016고정992

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On March 23, 2016, around 23:34, 2016, the Defendant driven a car with CKan-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si 66 new apartment and 30 meters away from the parking lot.

Summary of Evidence

1. Legal statement of witness D;

1. Each police statement of E and D;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notice of the result of the influence of alcohol driving control [the defendant is the substitute driver for a person who drives a car in the car in the place specified in the facts charged, and he is not the driver for the person. However, according to each of the above evidence, since the substitute driver can sufficiently recognize the fact that the defendant drives a car in the above apartment parking lot to change the parking lot after driving a car in the 2nd parking lot of the new apartment with the defendant's attitude, the defendant's written verdict of innocence shall not be accepted.] The application of the law shall not be accepted.

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On the grounds of sentencing under Article 186(1) of the Criminal Procedure Act, the sentencing factors of the Defendant’s blood alcohol level at the time of the instant crime, including the following: (a) the Defendant’s blood alcohol level was high at the time of the instant crime; (b) the Defendant was punished for drunk driving; and (c) the Defendant’s duty to go through police officers subsequent to the crackdown on drunk driving in this case; and (d) the Defendant did not reflect his mistake; and (b) the favorable sentencing factors such as the fact that the distance from driving a vehicle

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

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