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(영문) 인천지방법원 2016.10.13 2016고단5190
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 16, 2011, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on April 5, 2012.

On July 4, 2016, at around 22:15, the Defendant, without obtaining a driver’s license, driven a B low-speed car with a blood alcohol concentration of 0.185%, and proceeded with approximately 1.5 km from the front of the container in Incheon Gyeyang-gu, Incheon, to the front of the F.5km in Seo-gu, Incheon.

As a result, the Defendant again driven a motor vehicle without obtaining a driver's license even though the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The results of inquiry, investigation reports (verification of previous convictions for driving the same kind of motor vehicle), and copies of summary order attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that there are a number of criminal records violating the Road Traffic Act, including those of the same kind of crime caused by drunk driving, and in the case of the instant crime being driven under the influence of alcohol without driver's license, the crime is not good. However, the Defendant was asked to have a vehicle driven by the same birth while boarding and leaving along the vehicle, and then bringing the vehicle from the same birth to the same side.

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