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(영문) 인천지방법원 2014.05.26 2014고단1872
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 3, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine in the Incheon District Court for a violation of the Road Traffic Act (driving). On November 24, 2009, the above court issued a summary order of KRW 500,000 in the name of the same crime, and was punished twice for a violation of the Road Traffic Act (driving).

On February 24, 2014, at around 00:39, the Defendant driven a Bknop vehicle with blood alcohol concentration of about 0.071% in the two kilometers from the roads near Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 86 (Gyeongwest-gu) to the Cheongcheon-gu, Seo-gu, 260 Bnopon Road.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal history records, investigation reports, and investigation records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to twenty million won; and

2. Determination of sentence: The fact that the defendant's reflectiveness of a fine of 7 million won (fried circumstances); the blood alcohol concentration (0.071%) of a relatively low blood alcohol concentration (0.071%) of the instant case; and the blood alcohol concentration of a crime of violating the Road Traffic Act (friending) on July 3, 2012 (friend circumstances) is 0.064% (friend circumstances) other than those specified in all criminal facts; the fact that there was a history of having been sentenced to a fine of 2 million won due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (friending).

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