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(영문) 인천지방법원 2018.08.22 2018고단4496
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] The defendant had a record of being punished by a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on February 19, 2009, and 2.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on September 4, 2009.

[2] On May 24, 2018, the Defendant driven a D-burled car with alcohol content of about 0.134% while under the influence of alcohol at approximately five meters from the five-meter section of the road located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the fact that the defendant was subject to a fine twice for a violation of the Road Traffic Act (driving) around 2009 (in addition, there was a history of being sentenced to a fine twice due to a violation of the Road Traffic Act (non-licenseed driving) on or around 2010). The defendant's blood content (0.134%) at the time of the instant case is relatively high. Meanwhile, the defendant reflects the instant crime, and the defendant's age, sex behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, circumstances after the instant crime was committed, etc., and the sentence like the order shall be determined by taking into account the following factors as a whole.

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