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(영문) 인천지방법원 2016.07.04 2016고단1998
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 27, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 1.5 million for the same crime at the same court on February 18, 2016.

From February 5, 2016 to April 24, 2016, the Defendant driven a D car under the influence of alcohol concentration of 0.098% around 18:23:26 on blood alcohol level, and proceeded with the volume of 200 meters from the day before the Home Pluter in the Seo-gu Incheon Seo-gu Incheon Metropolitan City, to the front road of the Cheongra Women Hospital located in the Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is not good when the Defendant committed the instant crime under the influence of alcohol two times due to driving under the influence of alcohol. However, although the Defendant returned to the Republic of Korea through his/her initial substitute driving, he/she was aware that he/she does not leave another vehicle's engine from his/her female living together with his/her employer at the same time, and he/she was forced to drive under the influence of alcohol, and he/she was forced to drive under the influence of alcohol, and the Defendant was on duty as a business position requiring the operation of the motor vehicle at first, while he/she moved to his/her position in the middle of the instant crime, and later was late by selling his/her own vehicle.

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