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(영문) 인천지방법원 2013.10.31 2013고단2718
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On February 18, 2008, the Defendant issued a summary order of a fine of three million won in the Incheon District Court due to a violation of the Road Traffic Act ( sound driving), and on January 6, 2009, a summary order of a fine of five million won in the Busan District Court’s Dong Branch for the same crime, etc. on January 6, 2009, and on July 6, 201, the Defendant was sentenced by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (competence) at the Gwangju District Court for eight months at the Gwangju District Court, and on November 27, 2011, the execution of the sentence was completed

【Criminal Facts】 The Defendant, who was punished twice or more due to a violation of the Road Traffic Act (driving) as above, was driving CA car at a section of approximately 700 meters up to the road front of the same area located in the front of the department store in Incheon Bupyeong-gu, as the Defendant was under the influence of alcohol at around 00:55 on April 27, 2013, while under the influence of alcohol at least 0.090% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports, identification reports on the date of release, and personal identification and confinement status;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to criminal facts ( Selection of a fine in consideration of the following facts: (a) The defendant was under a repeated crime while driving alcohol, but the degree of drinking alcohol is not severe; (b) no specific crime is committed for a period of up to one year and six months before the date of release from the facility; (c) the drinking driving does not lead to a traffic accident; and (d) the fact that the drinking driving does not go against the mistake; and

1. Article 35 of the Criminal Act among repeated crimes;

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

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