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(영문) 인천지방법원 2018.06.04 2018고단2566
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 20, 2008, the defendant was issued a summary order of 1.5 million won or more as a fine for a violation of road traffic law in the early branch of the Chuncheon District Court on November 20, 2008, and a fine of 1.5 million won or more as a fine for a violation of road traffic law in the early branch of the Chuncheon District Court on December 26, 2008.

피고인은 2018. 3. 17. 22:54 경 인천 남동구 구월동 소재 고구려 짬뽕 앞 도로에서부터 같은 동 1137-1 소재 교육청 삼거리 앞 도로에 이르기까지 약 1km 구간에서 혈 중 알콜 농도 0.069% 의 술에 취한 상태로 C 카니발 자동차를 운전하였다.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the result of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the instant crime is the case where the Defendant, who had been punished twice or more due to drinking driving, once or more due to drinking driving, once again drives drinking, and the nature of the crime is not weak. Since driving of drinking is a high risk of causing harm to the life, body, or property of another person, it is necessary to punish the Defendant strictly.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the previous previous previous criminal conviction was punished by a fine in 2009, and there was no record of criminal punishment for the same crime for the last nine years, and at the time of detection of this case.

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