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(영문) 인천지방법원 2016.10.06 2016고단4353

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 28, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch, a fine of KRW 2.5 million for the same crime at the Seoul Western District Court on August 16, 2010, a fine of KRW 5 million for the same crime in the Suwon District Court’s Ansan Branch on February 4, 2014, and a fine of KRW 5 million for the same crime in the Suwon District Court’s Ansan Branch on April 3, 2015, respectively. < Amended by Act No. 13208, Apr. 3, 2015>

Although the Defendant had had a history of drinking twice or more as above, on June 19, 2016, the Defendant, without obtaining a driving license at around 22:40 on June 19, 2016, driven a B SP car under the influence of alcohol concentration of 0.095%, and proceeded with the volume of 7 km from before the Southern Dong-gu Incheon Incheon Incheon Incheon Incheon Terminal to the same art of 230 km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Inquiries, references, the failure of disposition, reporting of results of confirmation, and the application of Acts and subordinate statutes attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the same criminal records of four times due to drunk driving, and among them, the defendant is driving under the influence of alcohol without a driver's license even though he/she was sentenced to a suspended sentence of two years due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver's License) on April 3, 2015, and was sentenced to a suspended sentence of eight months on April 11, 2015.