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(영문) 인천지방법원 2017.01.23 2016고단7895
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 20, 201, the Defendant issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act at the Incheon District Court on October 20, 201, and a summary order of KRW 4 million as a fine in the same court on November 12, 2012.

Although the Defendant had had a history of driving alcohol more than twice as above, on November 10, 2016, under the influence of 04:00 alcohol concentration of 0.103% among blood, the Defendant driven B X-ray car and proceeded with approximately 1 km from the roads near the south-gu Seodong-gu Incheon Metropolitan City, Seodong-gu, Seodong-gu, Incheon to the roads of 378, Nam-gu, Namdong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: References to inquiries, investigation reports (the confirmation of the past record of the same kind of crime), and copies of summary order attached thereto; and

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 of the Criminal Procedure Act is not good when the defendant drives a vehicle under the influence of alcohol, even though he had the same criminal history of two times. However, it does not reach a violation of other traffic-related Acts and subordinate statutes, the defendant's error does not appear later, and the defendant's age, sex behavior, occupation, environment, family relationship, etc. are considered in consideration of all other circumstances that are the conditions for sentencing, such as the defendant's age, sex behavior, occupation, family relationship, and the above punishment is determined.

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