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(영문) 인천지방법원 2017.05.18 2017고정825

도로교통법위반(음주운전)등

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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 October 23, 2012, the Defendant was sentenced to a fine of KRW 5 million by a military court of common military service on land on October 23, 2012, and was sentenced to a fine of KRW 4 million on March 28, 2016 by the Incheon District Court as a crime of violating the Road Traffic Act (driving).

On December 7, 2016, the Defendant driven a B-Adi vehicle under the influence of alcohol with approximately 0.101% alcohol concentration from approximately 7km section from the road located in Bupyeong-dong, Incheon Metropolitan City to the 263 Swiss Simp road without obtaining a driver's license of a motor vehicle on December 7, 2016.

Accordingly, the Defendant, who violated the duty not to drive a motor vehicle more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report of the driver who is placed in driving, inquiry of the results of crackdown on drinking, inquiry of the driver's license, and circumstantial report of the driver without the license;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;