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(영문) 인천지방법원 2017.04.26 2017고단502
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 6, 2009, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on November 30, 2015, a summary order of KRW 1,50,000 as a fine for the same crime from the vice branch of the Incheon District Court.

Although the Defendant had had a history of driving alcohol twice or more as above, on January 16, 2017, the Defendant driven a B-hand car with alcohol concentration of 0.110% in blood, and proceeded with a distance of approximately 200 meters from the 60th day of the Incheon Bupyeong-gu, Seoul Metropolitan City, the 60th day of the Round-gu, Seoul Metropolitan City, to the same funeral road and the same 45th day of the road in front of the same laps.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, investigation reports (a confirmation before and after the driving of a suspect's drinking), and copies of summary order attached thereto;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had the record of the same kind of crime in the instant case where he drives a vehicle under the influence of alcohol two times, and the nature of the crime is very weak. However, the Defendant was unable to find a substitute driver after drinking the initial alcohol, but it was out of the place so that he could not find a substitute driver who could cause the substitute driver to drive the vehicle, and the driving distance was relatively short; the driving distance was relatively short; the Defendant did not repeat the crime, such as selling the vehicle; the Defendant’s age, sex, occupation, environment, family relation, etc.; the Defendant’s age, sex, occupation, family relation, etc. was taken into account and determined the above punishment as above.

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