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(영문) 인천지방법원 2016.04.11 2015고단8223
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Incheon District Court’s Branch Branch on September 6, 2012, and was sentenced to imprisonment with labor for the same crime on January 11, 2013.

On July 26, 2015, the Defendant, even though he had had a history of driving drinking more than twice as above, driven the B Rason under the influence of alcohol concentration of 0.187% during blood around July 26, 2015, and proceeded with approximately 4 km from the Roon street near the Southern-gu Incheon Metropolitan City, Nam-gu, Seoul, to the road front of 1234-1 times during the same Gu monthly 1234-1.

Summary of Evidence

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. A previous conviction: A written inquiry, a criminal investigation report (verification of the past record and the same record as that of a repeated crime of the defendant), and the application of statutes on the attached materials

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 not only has the same criminal history of several times, but also has committed the crime of this case in the same kind, even though it was during the repeated crime period, and the amount of alcohol concentration in the blood at the time of enforcement is very high, and thus, the crime is not good. However, the defendant does not reach the degree of violating other traffic-related Acts and subordinate statutes. The defendant was released from prison life due to the criminal history of Dong administration and has supported his old parent after being discharged from prison, the defendant was able to support his old parent, and the defendant was able to repent his wrong and sold his vehicle after the crime of this case, and not only sold his vehicle but also tried not to repeat the crime by seeking a workplace not related to the driving after the crime of this case, and all other circumstances such as the defendant's age, sex, occupation, occupation, family relation, etc.

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