(영문) 인천지방법원 부천지원 2017.11.24 2017고정1016

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2017.11.24 2017고정1016

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On September 26, 2008, the Defendant was punished by a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving) at a water source method source on September 26, 2008, and a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on December 19, 2008.

On August 12, 2017, the Defendant violated the provision prohibiting driving of alcohol twice or more, and again drive a motor vehicle with approximately KRW 300 meters from the front side of the Sucheon-si, Seocheon-si to the front road of the same city to the front road of the 708-ro, Seocheon-si, in violation of this provision, with the alcohol concentration of at least 0.082% in blood while under influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on the occurrence of the case, a report on the situation of driving under drinking, a report on the results of regulating the driving under drinking, and a report on the situation of the driver under

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of summary orders) Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The reason why it is strictly required to punish the person in light of the risk of driving drinking, the circumstances that are favorable to the fact that the person has been punished for the same kind of crime, despite the fact that the person has been engaged in driving drinking twice in the same kind of crime: The fact that the person has not caused any traffic accident, the motive and circumstance of the crime, the degree of alcohol level during blood, the circumstances after the crime, family relations, etc., shall be determined by taking into account the various sentencing conditions as indicated in the text of the disposition.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-인천지방법원 부천지원 2018.08.31 2018고정499

-인천지방법원 부천지원 2017.09.08 2017고단1533

-인천지방법원 부천지원 2016.05.27 2016고정494

-인천지방법원 부천지원 2017.11.24 2017고단2320

-인천지방법원 부천지원 2018.03.15 2018고단175