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(영문) 인천지방법원 2018.05.04 2018고정870
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 1, 2017, the Defendant driven a B-4 car at around 06:10 in a state of alcohol alcohol concentration of 0.17% while under the influence of alcohol level of 0.177%, from around 06:10 to 545 in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. The application of Acts and subordinate statutes to a written appraisal, a written appraisal and alcohol appraisal;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The difference between the alcohol content (0.110%) in blood from blood by means of a pulmonary measurement for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and the alcohol content in blood from blood by blood collection (0.177%) is larger. In light of the fact that the result was performed after one hour from the pulmonary measurement and that there is a probable probability that there is a substantial difference between the two values in the breathe alcohol concentration in blood both at the time of the pulmonary measurement and the collection of blood, the penalty amount in the summary order premised on the measurement of blood collection shall be partially reduced.

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