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(영문) 인천지방법원 2018.03.07 2017고단4391
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 5, 2017, at around 03:56, the Defendant driven B rac car under the influence of alcohol concentration of 0.067%, even though the driver’s license was suspended in approximately 4km section from the front of the Gyeyang-gu Office of Gyeyang-gu, Incheon, to the front of the same 45 km-gu funeral, Incheon Bupyeong-gu, the Defendant was driving the B rac car under the influence of alcohol concentration of 0.067%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable circumstance: A defendant has no record of punishment, except that he/she has been punished by a fine on one occasion.

Unfavorable circumstances: the defendant committed the crime of this case even though he had been punished for the same kind of crime.

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