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(영문) 인천지방법원 2012.12.21 2012고합1328
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 5, 2010, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Busan District Court's Busan District Court's Busan Branch on April 5, 201, and the same year.

6. 17. The same court was notified of the summary order of a fine of three million won for a crime, such as a violation of the Road Traffic Act.

On October 29, 2012, at around 07:38, the Defendant driven a C-to-purd motor vehicle with a blood alcohol concentration of about 0.113% under the influence of alcohol without a car driver’s license, from around 2.2km to the front road of an apartment to be located in the Bupyeong-dong 768-83, Bupyeong-gu, Incheon Metropolitan City, Bupyeong-gu, 768-3.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry, etc. and investigation reports (a copy of summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of an alternative fine for punishment;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being sentenced to a fine twice due to drunk driving, a fine shall be selected and punished in consideration of the following: (a) there is no previous record other than each of the above fines; (b) the degree of drinking is not significant; (c) the Defendant is driving the vehicle at the latest after drinking alcohol and remaining after drinking alcohol at the latest; and (d) there is a little difference from the typical drinking driving; and (e) the Defendant reflects his mistake in depth.

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