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(영문) 인천지방법원 2017.08.16 2017고단3896

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 19, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on December 19, 208, and on February 13, 2017, a summary order of KRW 4 million as the same crime at the Incheon District Court.

Although the Defendant had had a history of driving alcohol more than twice as above, around 22:40 on April 18, 2017, without obtaining a driver’s license, the Defendant driven the BMF car while under the influence of alcohol content 0.09% during blood, and proceeded with approximately 20 km section from the influence below the hand-on hand-on hand-on hand-on at the time of water source to the point outside of the southdong-dong, Incheon, Nam-gu, the outer flow-on speed of 91.2 km.

Summary of Evidence

1. Statement by the defendant in court;

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 conviction: Application of a reply to inquiry, a previous conviction and a copy 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 of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the Defendant committed the instant crime in which he drives under the influence of alcohol two times due to driving of alcohol without a driver’s license even though he had the record of the same kind of crime. However, the Defendant did not reach the point of violating other traffic-related Acts and subordinate statutes, the blood alcohol concentration in the blood was relatively high, the disease is being administered with the trabing training register, and the Defendant did not repeat again, such as the Defendant’s age, sex, environment, and family relationship.