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(영문) 인천지방법원 2013.11.13 2013고단6134

도로교통법위반(음주운전)등

Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

【Defendant A” is a person who was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Incheon District Court on April 3, 2013, and two years of suspended execution, and whose judgment has become final and conclusive on the 11th of

【Criminal Facts】

1. On August 23, 2013, Defendant A, without obtaining a driver’s license at around 03:40 on August 23, 2013, driven a motor vehicle for E Spart in the section of about 10km from the roads front the 10km-dong, Nam-gu, Incheon National University, in a state of alcohol concentration of 0.097%.

2. Defendant B, without obtaining a driver’s license on August 22, 2013, driving a motor vehicle for Esp-type without a driver’s license on a section of approximately 1 km in front of the low-speed road located in the same Gu-dong, Nam-gu, Incheon, Nam-gu, Incheon, for the first time, located in the same Gu-dong.

Summary of Evidence

1. Defendants’ legal statement

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions: Criminal records and other inquiries, and application of Acts and subordinate statutes for investigation reports (verification of facts under a period of suspension of a suspect A), etc.;

1. A of pertinent legal provisions concerning criminal facts: Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of a without a license): Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Defendant A: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the Provisional Payment Order: Defendant B, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, drive a motor vehicle owned by his father without permission even though the driver’s license was revoked due to drinking on October 6, 2012; Defendant A is under the suspension of execution as stated in its reasoning.