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(영문) 인천지방법원 2018.04.06 2018고단3
도로교통법위반(음주운전)
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

On August 23, 2007, the Defendant was subject to a disposition of juvenile protection as a violation of road traffic law (drinking driving) at the Incheon District Public Prosecutor's Office on August 23, 2007, and was sentenced to imprisonment with labor for a period of one year at the Incheon District Court on June 10, 2015.

Nevertheless, at around 21:55 on October 15, 2017, the Defendant driven B K7 cars under the influence of alcohol concentration of approximately 0.059% from a 100-meter 586 Cheong-do 22, Cheong-do, to the front road of the Women's Hospital, as in the middle-gu, Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home;

1. Previous conviction: Application of a written reply to inquiries, such as criminal history, (A), a copy of the judgment (referring to the Incheon District Court 2015 High Court 2015 High Court 357, 2015 No. 1106), a letter of transfer of case, and written opinions under statutes

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished for the crime of drinking alcohol driving, and, in particular, there is a high possibility that the Defendant may repeat the instant crime again during the repeated crime period.

However, the defendant seems to have led to the confession of the crime of this case and to reflect the mistake.

The defendant's blood alcohol concentration is relatively high.

The distance of the defendant's drinking driving is relatively short.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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