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(영문) 인천지방법원 2018.04.04 2018고단455
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Incheon District Court on December 22, 2017, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, and the said judgment became final and conclusive on December 30, 2017 and is currently under suspended sentence.

[2] On February 1, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the support for the development of a water source method, and on January 6, 2015, the Defendant was issued a summary order of five million won for a violation of the Road Traffic Act by the Incheon District Court.

On December 6, 2017, at around 02:15, the Defendant driven a B 3 cargo vehicle with alcohol content of about 0.056% in a 50-meter section from around 18-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon to the front side of the fire department 190-hon-hon-hon-hon-hon-h

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

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

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

1. Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), text of judgment, summary order, and the search and confirmation of the case in B;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The sentencing of the Defendant under the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, sexual conduct, environment, motive and circumstance of each of the instant crimes, means and method thereof, and circumstances after the crime, etc., shall be determined by comprehensively taking into account the following circumstances and the conditions of sentencing as indicated in the trial process.

Unfavorable circumstances: the defendant.

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