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(영문) 인천지방법원 부천지원 2018.02.08 2017고단2723
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

[criminal history] The defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic law in the Gangnam Branch of the Chuncheon District Court on December 8, 2016, and the judgment became final and conclusive on the 16th of the same month and is currently under the suspended sentence. The defendant was sentenced to a fine of two million won for the same crime at the Incheon District Court on October 15, 2009.

[2] On October 30, 2017, the Defendant driven a C-car without obtaining a driver’s license from the front Do in front of the B-dong and Seocheon-si (Seoul) around 06:29 on October 30, 2017 to the 63rd road in Seocheon-si, and without obtaining a driver’s license from the 1km section of approximately 1km to the 63rd road in Seocheon-si.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement report on the situation of the driver driving of alcohol, the report on the situation of the driver driving without a license, the report on the circumstances of the driver driving without a license, the register of vehicle drivers;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of judgment, and two Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is very poor that the defendant committed the instant drinking or non-licenseing crime even before and after the period of suspension of execution due to his previous conviction. However, the defendant's mistake is against his/her own mistake, the defendant's degree of alcohol concentration is not high, and other circumstances, such as the defendant's age, sexual behavior, health status (for example, class 4 of delayed disability), driving circumstances (for so-called the so-called "contesting driving"), and circumstances after the crime, etc., shall be sentenced to a fine only once.

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