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(영문) 인천지방법원 2013.04.25 2013고단612
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On July 26, 2006, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on January 21, 2009, the same court was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act. On December 2, 2011, the Incheon District Court sentenced imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), for 1 year and 6 months, and for a suspended sentence of 3 years on December 10, 201, and is still under the grace period.

【Criminal Facts, the Defendant, despite having been punished twice or more as above, was driving a C-learning car under the influence of alcohol content of about 20 meters from the front side of the “uever cage fage” located in Gyeyang-dong 241-1, Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, at around 01:37 on the same day until the front side of the “never fage fage fage fage fage fage fage fage fage fage fage fage fage 234-1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports and application of Acts and subordinate statutes to each investigation report;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a selective fine for punishment (the sentence is inevitable when the defendant choose to punish him/her in the period of suspension of execution; the defendant is the most likely to live as the defendant; the crime under the suspension of execution is not the same type of crime; the crime under the suspension of execution has no record of drinking driving for a considerable period after he/she was punished for drinking driving; and the defendant has no record of being sentenced to imprisonment without labor or heavier punishment for a considerable period after he/she was punished for drinking driving; the judgment that punishing him/her as imprisonment would result in excessive disadvantage to the defendant);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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