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(영문) 인천지방법원 2018.02.19 2017고단8922
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 27, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in the support of the Mangwon method and the summary order of KRW 2 million for the same crime at the Incheon District Court on December 10, 2015, respectively.

Although the Defendant had had a record of driving alcohol more than twice as above, on November 21, 2017, while under the influence of 0.091% of alcohol concentration among the blood transfusion, the Defendant driven Cple Trazine Cargo Vehicles from the roads of Incheon Gyeyang-gu operation Dong-gu to 17-gilh, 74, and 100 meters from the roads of Incheon Gyeyang-gu, Gyeyang-gu, to the new apartment.

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 (verification of the same type of crime and the period of repeated crime), and the application of Acts and subordinate statutes of the summary order attached 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 is not good when the defendant drives a motor vehicle under the influence of alcohol two times in spite of the past criminal records of the same kind of crime. However, the defendant requested a substitute driver to drive the motor vehicle on his own after making a judgment during the period in which a substitute driver is assigned, which seems to have been given a direct driving on his/her motor vehicle to a place where it is easy for him/her to find out, and the degree of alcohol concentration in blood is relatively high, and the driving distance is relatively short, the driving distance does not reach a relatively short violation of other traffic-related Acts and subordinate statutes, the fact that his/her mistake does not result in the violation of other traffic-related Acts and subordinate statutes, the defendant's age, sex, occupation, environment, family relationship, etc., and then, the defendant's punishment is determined as above by taking into account all such circumstances as the above.

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