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(영문) 인천지방법원 2017.09.07 2017고단4980
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

[criminal history] On December 12, 2012, the Defendant received a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law from the Suwon Flag Flag on December 12, 201, and a summary order of KRW 3 million as a fine for a violation of road traffic law at the Suwon Flag Flag on February 28, 2013, respectively.

[2] On June 30, 2017, around 00:45, the Defendant driven B rocketing vehicles with approximately 300 meters alcohol content 0.178% in blood, while under the influence of alcohol, from the front side of the “Korea MM Bupyeong Factory” to the front side of the “Cheongcheon District” located in Bupyeong-gu Incheon Metropolitan City to the front side of the “Cheongcheon District” located in Bupyeong-gu Incheon Metropolitan City.

Therefore, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification twice the past record of the punishment of the same kind);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act and the selection of fines concerning the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant was sentenced twice to a fine for the same kind of crime, the fact that the defendant is in depth and is in high drinking, the fact that the defendant was represented by his/her driver on the day, the fact that the defendant's wife received emergency medical treatment, and the fact that the defendant's wife received emergency medical treatment, there are some circumstances that may be taken into account in the course of the crime;

The fact that there is no recidivism, etc. shall be considered in favorable circumstances, and the punishment shall be determined like the order, in consideration of the age, sex, environment, motive and circumstance of the defendant, circumstances after the crime, etc.

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