beta
(영문) 인천지방법원 2015.11.05 2015고정3125

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

1. On April 28, 2015, the Defendant: (a) knew of the suspension of a driver’s license, the Defendant assisted the Defendant to drive the said vehicle on the road front of a bus stop located in the 88 operations station in Gyeyang-gu Incheon Metropolitan City, even though the validity of the driver’s license was suspended from February 23, 2015 to May 28, 2015, by transferring the Defendant’s C body-man car to B, and boarding the Defendant’s C body-man car on the next side; and (b) as such, B assisted the Defendant to drive the said vehicle on the front of the bus stop located in the 88 operations station.

2. A violation of the Road Traffic Act (driving a sound driving) was driven by the Defendant in the section from April 28, 2015 to the bus stop of the 88 operations station to the road 469 CU convenience store, while under the influence of alcohol of 0.058% during the period from April 28, 2015 to around 01:30 to 01:49.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Investigation reports (fields);

1. Application of Acts and subordinate statutes concerning the ledger of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 32 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for each of them;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.