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(영문) 인천지방법원 부천지원 2018.03.23 2018고정168
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 24, 2017, the Defendant driven a B-hand car with alcohol concentration of about 0.152% in a 200-meter radius from the road in which the address of Bupyeong-si cannot be known at around 02:47, Seocheon-si at the same time, the Defendant driven a B-hand car with alcohol level of about 200 meters at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the punishment prescribed by the summary order is heavy in light of the blood alcohol level at the time the defendant drives;

Although it is not visible, the punishment prescribed in the summary order shall be imposed in full view of the following circumstances: (a) the accused is against the recognition of the instant crime; (b) the accused has no record of criminal punishment; (c) there is no means to cause traffic or traffic accident; and (d) the accused’s age, environment; (b) the background of the instant crime; and (c) the circumstances after the instant crime.

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