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(영문) 인천지방법원 2018.05.16 2018고단1227
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On January 19, 2018, the Defendant, without a driver’s license of a vehicle around 03:02, driven a Bra vehicle at a section of about 2 km from the front road at the right side of the Bupyeong-gu Bupyeong-gu Incheon, Incheon, to the same funeral road and the same 45m from the front road at the end of the same fung-dong, while under the influence of alcohol leveling 0.064% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to inquiries about driver's license, tea inquiry, etc.;

1. Relevant Article of the Act and Articles 148-2 (2) 3, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) of the same Act;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendant’s experience of being notified of each of the summary order of a fine of KRW 1 million as a crime of violating the Road Traffic Act (driving) around May 11, 2017; and around July 12, 2017, as a crime of violating the Road Traffic Act (licenseless Driving) around July 12, 2017; on the other hand, the Defendant reflects each of the instant crimes; on the other, the Defendant’s blood content (064%) was relatively relatively high; on the other hand, the Defendant’s age, sex, environment, motive and background of each of the instant crimes; the means and method of each of the instant crimes; and on the other, the conditions of sentencing as shown in the instant records and the trial process, including the circumstances after the crime, etc. shall be determined by comprehensively taking into account the following factors.

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