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(영문) 인천지방법원 2017.01.12 2016고단7547
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 October 20, 2016, the Defendant driven Category B K3 car while under the influence of alcohol content of 0.117% in blood around 01:00, and proceeded with approximately 2.5 km from the front side of a water bath in Bupyeong-gu Incheon Metropolitan City to the front side of a public-private village located in the same new village.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) 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, including the criminal records of the same kind of crime, is that the Defendant is driving a vehicle under the influence of alcohol despite the history of multiple times of violating the Road Traffic Act, and the nature of the crime does not seem to be negligible, but does not lead to the violation of other traffic-related Acts and subordinate statutes, and that the Defendant does not repeat the crime, such as the following: (a) the Defendant’s age, sex behavior, environment, family relationship, etc.; and (b) the Defendant’s punishment is determined as above by considering all other circumstances that are the condition for sentencing, such as the Defendant’s age, sex, family relation, etc.

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