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(영문) 인천지방법원 2016.07.21 2016고단2909

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 February 14, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 14, 2007, a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving without a license) and a crime of violating the Road Traffic Act (driving without a license) at the Suwon District Court on February 6, 2009, a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving without a license) at the Incheon District Court on January 16, 2009, a fine of KRW 3 million for a crime of violating the Road Traffic Act (driving without a license) at the Busan District Court on January 25, 2014, and a fine of KRW 8 million for a crime of violating the Road Traffic Act (driving without a license) at the same court on November 2

On May 16, 2016, the Defendant, without obtaining a driver's license of a motor vehicle at around 22:10, driving DKan II under the influence of alcohol content of 0.158%, and proceeded with the volume of 50 meters from before the first floor parking lot in Yeonsu-gu Incheon Metropolitan City E-gu to the third-distance road in front of the Korea Coast Guard Headquarters, located in 130 (Songdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. The driver's license ledger;

1. Previous conviction: The results of inquiry, the investigation report (Attachment of a copy of the summary order), and the application of Acts and subordinate statutes of the summary order 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 provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with 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, despite the fact that the Defendant had four times of the same kind of crime, is under the influence of driving without a driver’s license, and the nature of the crime is not less than that of the instant crime. However, the Defendant is under the name of the wife who drives the Defendant to move the company’s animal while not driving a normal driving.