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(영문) 인천지방법원 부천지원 2018.12.14 2018고단2796
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] On August 29, 201, the Defendant received a fine of KRW 2 million as a crime of violating the Road Traffic Act (drinking) at the Daejeon District Court on August 29, 201, and a fine of KRW 1.5 million as a same crime at the Incheon District Court on December 18, 2013.

[Criminal facts] On August 31, 2018, the Defendant driven Benz E250 automobiles under the influence of alcohol with approximately 300 meters alcohol concentration at around 0.154% from the first place of a drink in the long-term Dong of Kimpo-si, Kimpo-si to the long-term Handong road of Kimpo-si, Kimpo-si to the front day of the shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), and inquiry into the results of regulating the driving of drinking;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes for investigation reports (verification of the history of punishment for driving a suspect drinking);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, was sentenced to a fine not less than twice for the same crime and again committed the crime of driving alcohol of this case, and the amount of alcohol concentration in the blood of this case reaches 0.154%, the Defendant’s liability is not less exceptionally.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s motive and background leading up to the instant crime, the content and degree of the same criminal records, the circumstances after the instant crime, and other conditions of sentencing as shown in the trial, such as the Defendant’s age, sex, occupation, family relationship, and economic circumstances.

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