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(영문) 인천지방법원 2016.10.12 2016고단5001

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 18, 2014, the Defendant issued a summary order of KRW 1 million by violating the Road Traffic Act (driving) at the Incheon District Court on November 18, 2014, and on July 27, 2015, the Incheon District Court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 13, 2016, at around 23:26, the Defendant, without a driver’s license, driven a vehicle from the front side of the restaurant in the Nam-gu Incheon Metropolitan City, without a driver’s license, to the 3rd side of the 5 K Km section in the Yeonsu-gu Incheon Metropolitan City, while under the influence of alcohol with a blood alcohol concentration of 0.082% at the 0.082%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of drinking drivers, and the driver's license inquiry;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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

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

1. Selection of an alternative fine (it shall be taken into account that there are two times a week-powered power, one unauthorized power, but the drinking water in this case is not very high, and that the workplace is dismissed from office if a sentence of imprisonment without prison labor or heavier punishment is sentenced);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;