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(영문) 인천지방법원 2017.07.19 2017고단1575

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Seoul Southern District Court on November 8, 2012; the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court on December 31, 2013; and on January 28, 2016, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime in the Incheon District Court on August 28, 2016.

Although the Defendant had had a history of driving a motor vehicle twice or more as above, on December 17, 2016, at around 00:50, the Defendant driven a light-line motor vehicle with a alcohol content of 0.129% in the blood while under the influence of alcohol at around 0.129% in the blood without obtaining a driver’s license on December 17, 2016, and proceeded with a distance of about 700 meters from the front side of the office of Yeonsu-dong 436 Yeonsu-gu, Yeonsu-gu, Incheon, to the road of about 4 24:0 meters in front of the same Gu box-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (prior confirmations of suspect A drinking alcohol driving), summary orders attached thereto, and the application of respective Acts and subordinate statutes;

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 each sentence and each fine;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only three times the same criminal records due to drinking alcohol driving, but also the crime of this case where a person drives a motor vehicle under the influence of alcohol without a driver's license even though the defendant was under the suspension of the execution of the sentence, and the nature of the crime is very poor. However, the defendant stated that the employee and the half share are included.