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(영문) 인천지방법원 2014.05.29 2014고단1529

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 August 26, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 27, 2012, and was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 27, 2012, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Incheon District Court on November 4, 2013, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Incheon District Court on November 12, 2013.

On January 23, 2014, from around 02:15 to around 02:45 of the same day, the Defendant driven a BNS car at approximately 100 meters away from the road near the Bupyeong-gu Incheon Metropolitan City to the road front of 50-lane in the same Gu, without a driver’s license, while under the influence of alcohol content of 0.171% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Inquiries such as criminal investigation records, etc., and application of Acts and subordinate statutes to report on investigation (report on the confirmation of criminal records of the same kind of crime);

1. Relevant Act on the crime: Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (a point of driving without a license) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of sentence: Determination of sentence of a fine not exceeding 6 million won (contributed circumstances) of the defendant's reflect, the vehicle of this case is owned by C, and the defendant on the day of this case requested to move a vehicle parked in front of the main point of drinking, such as C, and therefore C has driven the vehicle of this case without any other criminal records except for traffic-related crimes, such as drinking without a license, and driving under the influence of alcohol (unfavorable circumstances).