logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.04 2016고단76
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 19, 2015, at around 04:26, the Defendant started from the front side of the Incheon Bupyeong-gu, Incheon, 7 MM coaches, to the front side of the same funeral, and driven, without a driver’s license, a car of about 100 meters in a section of about 100 meters, which was under the influence of alcohol content of 0.165% while under the influence of alcohol during blood without a driver’s license, from around 04:26 to the front side of the same funeral.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Image photographs, traffic accident comprehensive analysis reports, investigation reports (such as the results of detection of false horses), photographs on the scene of the accident, investigation reports, reports on detection of the driver at the main place of accident, internal investigation reports (application of the aforementioned dmark formula), registers of driver's licenses of motor vehicles [the defendant and defense counsel] that the defendant did not drive the said motor vehicle;

However, according to the above evidence, the defendant was seated at the driver's seat at the time when the police officer was called, that is, the driver's seat at the time when the police officer was called, the driver's moving of the vehicle was affected by D, that the defendant was in the position D, that the defendant was in the middle of the vehicle under influence of alcohol, that the defendant was in the middle of the driver's seat, that he was in the middle of the vehicle, that he was in the middle of the driver's seat, and that the vehicle was in the front of the above MM while the above vehicle was parked, and that the vehicle was not in the front of the above MM while the vehicle was parked, and that the vehicle was in the front of the above MM while the vehicle was parked, it can be recognized that the defendant used the above vehicle in accordance with the original usage method, and therefore the above argument is not accepted.) The above argument is not accepted.

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

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

1. Selection of an alternative fine for punishment (Consideration of driving circumstances);

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

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

arrow