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(영문) 인천지방법원 2018.03.28 2018고단487
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On November 13, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on at least two occasions, including where he/she was sentenced to a summary order of a fine of five million won due to a violation of Road Traffic Act (driving), and on May 23, 2014, he/she was sentenced to imprisonment of one year and six months due to a violation of Road Traffic Act by the same court.

On January 9, 2018, the Defendant driven a B E200 car blickle car at the 2km section from around the street of 94-gil-gu, Seocheon-gu, Seocheon-gu to the road in front of the roads where the number of 45 square meters is equal, while under the influence of alcohol level of 0.091% during blood transfusion at around 02:13.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Investigation report (former and confirm), summary order, text of judgment, application of Acts and subordinate statutes concerning the current status of confinement by individual;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

D. Unfavorable circumstances: the defendant had been punished for drinking driving several times in the past, and at the time of this case, it is highly likely to repeat the crime even if he was a repeated crime period.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The amount of alcohol concentration among the blood of the defendant shall not exceed 0.1%.

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