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(영문) 인천지방법원 부천지원 2016.09.13 2016고정701
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment for 8 months and 2 years of suspended sentence for a violation of road traffic law at the Seoul Northern District Court on June 30, 2016, and was sentenced to imprisonment for a violation of road traffic law. The same year

7. 8 The above judgment became final and conclusive.

[2] On November 2, 2015, the Defendant driven B K5 cars while under the influence of alcohol leveling 0.105% in the direction of alcohol leveling 0.105% from the front of the Yongsan-gu Central lake Park in Yongsan-gu, Busan to the high village of Kimpo-si, Kimpo-si, Kimpo-si to the front road of the 75 km-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, the sentence like the order shall be determined by comprehensively taking into account the favorable sentencing factors such as the following: (a) the Defendant’s blood alcohol level was high at the time of driving the instant drinking; (b) the Defendant had a power to have been sentenced to a fine of one million won due to driving under drinking even in 2013; (c) the Defendant is against his/her wrongness; and (d) the Defendant shall take into account the equity when he/she was tried along with the crime of violating the Road Traffic Act (driving) as stated in the final judgment.

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