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(영문) 인천지방법원 2017.11.10 2017고단6456
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On July 20, 2017, the Defendant, while under the influence of alcohol level of 0.211% during blood transfusion around 23:13, driven BM5 cars from the 16 AJ parking lot to the south-gu Incheon Metropolitan City culture, from around 11m to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 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. In light of the fact that the punishment of Article 334(1) of the Criminal Procedure Act (including rejection of drinking, even though the person has been punished several times for the same type of crime (including refusal of drinking, however, the fact that the person is a criminal committed during the period of repeated offense resulting from the crime of this case) is committed, it is necessary to impose a strict punishment;

However, considering all the circumstances revealed in this case, such as the defendant's age, sex, family environment, background or motive leading to the crime, and circumstances after the crime, the punishment shall be determined as ordered (in determining the number of fines, consideration shall be given to the unfavorable circumstances) by taking into account the favorable circumstances (in determining the number of fines, consideration shall be given to the disadvantage).

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