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(영문) 인천지방법원 2017.06.28 2017고단2290
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On March 19, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 19, 2012, and a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on May 6, 2015.

[2] On March 1, 2017, around 00:25, the Defendant driven B Poter freight at approximately 0.150% of alcohol concentration in blood, from approximately 800 meters away from around 666 Heung-gu, Incheon, Nam-gu, Incheon, to around 431, Nam-gu, Incheon, to the front road.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and notification of the result of control;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a copy of a summary order);

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the Defendant was released from the prison in 2014 as an unlawful participation in the employment of juveniles and again commits a repeated crime even during the period of repeated crime, and that the Defendant had the same record two times, and some of them were punished as a fine during the period of repeated crime, etc., the Defendant’s responsibility is not weak.

However, the previous records were punished as repeated crimes or as summary order, and have life faithfully until the time of this case, the driving distance of this case is short distance, the defendant's past mistake is divided in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered in consideration of the punishment conditions shown in the arguments of this case.

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