beta
(영문) 인천지방법원 2018.05.11 2018고정840

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 4, 2017, at around 14:03, the Defendant driven a two-wheeled motor vehicle with alcohol concentration of at least 0.166%, without obtaining a Class 2 driver's license from the section of about 400 meters to the front day of the kindergarten located in 102, from among the islands of the same Gu, from the front day of the Seodong-gu Incheon Metropolitan City, the Defendant driven a two-wheeled two-wheeled motor vehicle with alcohol concentration of at least 0.16%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an accident scene photograph, a traffic accident report, an investigation report, and an accident-related photograph;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. Register of driver's licenses (14 pages of investigation records);

1. Application of Acts and subordinate statutes to an investigation report (the electric kickboard output of 700W), the closure of the kick, and photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant asserts that the penalty specified in the summary order in Article 334(1) of the Criminal Procedure Act is excessive in light of the circumstances leading up to the instant crime, the defendant's wife, etc.

In light of the fact that the defendant had a history of criminal punishment for driving under drinking or non-licensed driving on several occasions, and that the defendant was sentenced to a suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fugitive vehicles) on the Aggravated Punishment, etc. of Specific Crimes in around 2014 and was sentenced to a suspended sentence of imprisonment for a period of 2016 and again sentenced to a suspended sentence of imprisonment, the defendant committed the crime of this case again during the suspended sentence, and caused an accident corresponding to other vehicles during the pertinent suspended sentence.