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(영문) 인천지방법원 부천지원 2019.05.28 2019고단687

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

[criminal power] On June 13, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on June 13, 2013, and a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court on June 17, 2013, respectively.

【Criminal Facts】

On December 22, 2018, the Defendant, without obtaining a driver’s license at around 05:48, driven a C-car at approximately 300 meters from the upper east-si upstream to the front road of the same city under the influence of alcohol of 0.067%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving, and report on the state of driving without a license;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

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

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