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Reasons
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(영문) 인천지방법원 2017.09.07 2017고단2516
도로교통법위반(음주운전)
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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

[criminal history] The defendant was issued a summary order of 700,000 won for a crime of violating the Road Traffic Act in support of Sungnam-gu Office of Friwon on December 9, 2008. On January 13, 2016, the defendant was issued a summary order of 2 million won for a crime of violating the Road Traffic Act.

[2] On March 22, 2017, the Defendant driven a DNA car at a section of about 400 meters from the area of 400 meters away from the insular area to the 63th day of the Gaambro cafeteria, in a state of alcohol content of 0.131% during blood transfusion at around 23:17.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Requests for appraisal of alcohol concentration and response to requests for appraisal during blood;

1. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act and the selection of fines concerning the crime;

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

1. The reason drinking value of sentencing of Article 334(1) of the Criminal Procedure Act exceeds 0.1%, and the fact that the instant crime was committed again despite having the same kind of power, etc., reflects the unfavorable circumstances, such as the fact that one time among the same power is punished nine years prior to the lapse of the term of imprisonment without prison labor or heavier, and there is concern that the workplace may be lost if a sentence of imprisonment without prison labor or heavier is imposed, and even if considering the criminal records of the Defendant, the punishment shall be determined as ordered by taking into consideration favorable circumstances, taking into account the defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and taking into account all the sentencing conditions, such as the order.

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