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(영문) 인천지방법원 2017.11.15 2017고단5608 (1)
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On May 20, 2013, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (dacting driving), and on June 28, 2017, as a crime of violating the Road Traffic Act (dacting driving).

[2] On July 12, 2017, at around 04:39, the Defendant driven a C rocketing car under the influence of alcohol content of 0.061% while under the influence of alcohol in the blood, even though the validity of the driver’s license was suspended from approximately 3km section from the front of the Bupyeong-gu Incheon Bupyeong-gu square to the front road of the heating field located in 164 as the heat well as the water in front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main driver and details of suspension of driver license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) of the Criminal Act and Article 69(2) of the Criminal Act that attracts the Nowon-gu Detainment of the Defendant for the reason of sentencing are two times the criminal records of drinking alcohol punishment, and some of them are recently used to repeat the crime, but the Defendant’s responsibility is not weak.

However, the previous records were punished by a fine, and the degree of the crime was relatively minor, the fact that the drinking of this case was low, the defendant's mistake was divided in depth, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.

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