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(영문) 인천지방법원 2016.06.30 2016고단2681
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 9, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on August 9, 2012, and on January 7, 2016, the Defendant was sentenced to a fine of KRW 2 million for the same crime at the same court and was sentenced to a summary order of KRW 2 million for the same crime and was sentenced to punishment twice or more due to drinking.

Nevertheless, the Defendant, while under the influence of alcohol content 0.119% in blood at around 23:45 on May 23, 2016, driven a sports car of Bcoland B, and proceeded with approximately 15 meters from the roads of X-Slu in the way of 586, as in the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, to the front of the Cheong Women's Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement reports made in the circumstances of the driver in charge;

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

1. Previous conviction: Application of Acts and subordinate statutes, such as a written inquiry, confirmation of drinking driving force, and summary order attached thereto;

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 in the order of provisional payment is that the defendant, even though he had the same criminal history twice, has been driving under the influence of alcohol content 0.119% during blood transfusion, and the crime of this case is not good. However, although the defendant was not a substitute driver after his workplace consciousness, he appears to have been driving to move his place to a place where he can move his substitute driver, the defendant did not violate other traffic-related Acts and subordinate statutes, the defendant did not go to violate other traffic-related Acts and subordinate statutes, the defendant's mistake is divided later, and the defendant's age, sex, environment, family relation, etc. are considered in all other circumstances that are the conditions for sentencing, such as the defendant's age, behavior, family relation, etc.

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