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(영문) 인천지방법원 2017.08.30 2017고단3556

도로교통법위반(무면허운전)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 January 13, 2010, the Defendant received a summary order of KRW 5 million from the Seoul Southern District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), on December 9, 2015, a summary order of KRW 3 million due to the same crime, etc. from the subsidiary branch of the Incheon District Court, and on February 19, 2016, a summary order of KRW 6 million was issued from the Incheon District Court to a fine of KRW 1 million due to the same crime, etc.

On March 26, 2017, the Defendant, who had had had a history of driving alcohol twice or more as seen above, driven a Drocketing car with alcohol content of 0.108% under the influence of alcohol during blood without obtaining a driver’s license on March 26, 2017, and proceeded with approximately 5 km from the unfolded road in the North Korean change in Kimpo-si, Kimpo-si to the front road of the West-gu, Incheon.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Statement of the circumstances of the driver involved in driving;

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

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (verification on three occasions the suspect's drinking alcohol driving force), and the application of Acts and subordinate statutes attached thereto;

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 imposed on a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving) and a crime of violating the Road Traffic Act which has 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 under Article 334(1) of the Criminal Procedure Act is not only a number of criminal records due to drinking or non-licensed driving, but also a motor vehicle driver's license when the defendant was sentenced to a suspended sentence for 4 months by imprisonment with prison labor for violating the Labor Standards Act at the Incheon District Court on February 2, 2017.