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(영문) 인천지방법원 2017.11.15 2017고단3449

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On August 14, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Incheon District Court, and was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Incheon District Court. On January 21, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act.

[Criminal facts]

1. On April 19, 2017, the Defendant was under the influence of alcohol by 0.183% of alcohol while driving a CL125 U.S. Trab, without obtaining a bicycle license from a ginseng center parking lot in Incheon-do to the same Eup/Myeon located in the Incheon-do, at around 20:58, while under the influence of alcohol by 0.183% of alcohol in blood.

2. No person who violates the Guarantee of Automobile Damage shall operate any motor vehicle, etc. which is not mandatory insurance policy on any road;

Nevertheless, the defendant did not purchase mandatory insurance at the same time and place as the above paragraph 1 and operated the above CL125 U Maba.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs, actual condition survey reports, circumstantial statements of drivers of the main place, and computerized data on motor vehicle drivers' licenses, etc.;

1. Previous convictions in judgment: Application of inquiry letter, investigation report, text of judgment or summary order Acts and subordinate statutes, such as criminal history;

1. Driving a motor vehicle under the relevant legal provision under the influence of alcohol on the facts constituting the crime: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation:

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Road Traffic Act and a violation of the Road Traffic Act (Non-licenseed Driving));

1. Selection of each alternative fine for punishment;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which is the criminal defendant for the same type of repeated crime, is a repeated crime period.