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(영문) 인천지방법원 2012.12.07 2012고합924
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 1, 2012, the Defendant was sentenced to a fine of 1.5 million won by the Incheon District Court for the crime of violation of the Road Traffic Act, and on April 2, 2012, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for the same crime in the same court.

On June 20, 2012, at around 22:05, the Defendant driven a Cobserver car without obtaining a driver's license in the state of alcohol alcohol concentration of about 6 meters from the parking lot of the Nam-gu Incheon Metropolitan City to the bottle of the bottle 458-64, from around 6 meters to the bottle of the bottle 458-64.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished by a fine on July 9, 2007 and February 1, 2012 due to drunk driving. On April 2, 2012, even though he was sentenced to a suspended sentence for six months due to drunk driving, since he did not receive three months thereafter and again committed the instant crime for drinking driving, it is not necessary to punish him by choosing imprisonment.

However, in the case of the crime of this case, in consideration of the fact that the driving distance is not more than 6 meters, the driving distance is only about 6 meters, the old group is supporting the 90-year old old group, and the mistake is against the depth, the last selection of a fine and punishment should be imposed.

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