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(영문) 인천지방법원 2017.11.01 2017고단6074 (1)
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 17, 2008, the Defendant received a summary order of a fine of one million won for a violation of road traffic law (drinking driving) in the support for the safe flow of water sources on January 17, 2008, and on April 12, 2012, the Defendant received a summary order of a fine of two million won for a violation of road traffic law (drinking driving) from the Incheon District Court on April 12, 201 and received a summary order of two million won or more.

On July 18, 2017, around 06:06, the Defendant driven B Track Motor Vehicle under the influence of alcohol content of about 0.081% from around 700 meters away from around 329, Nam-gu, Incheon, Nam-gu, Seoul, to the front road of Taecheon apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, reports on the situation of the driver in charge, and reports on actual conditions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 17 of the evidence list);

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. In light of the fact that the defendant's responsibility is less than that of the defendant due to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, despite the fact that the defendant had served two times for drinking alcohol driving and one time for driving without a license, which led to re-offending, and that the traffic accident occurred as a result of the instant traffic accident, etc.

However, the past history was relatively old and has not been punished as a fine, and the degree of the crime was not much severe, and the defendant agreed with the victim of the traffic accident, the amount of drinking in this case is relatively high, and the defendant has to take into account the circumstances leading to this case, such as the situation where the defendant had not been able to take advantage of his or her mistake in the previous situation, and other factors such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered in light of various sentencing conditions shown in the arguments of this case, such as the situation after the crime, etc.

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