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(영문) 인천지방법원 2013.04.10 2013고단785
도로교통법위반(음주운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Criminal power is a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on February 14, 2007; a summary order of KRW 700,000 for a fine of KRW 1 million for a crime of violation of the Road Traffic Act in the Incheon District Court on June 10, 2008; a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court on September 22, 2009; and a summary order of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court on April 28, 2010; and on May 17, 2012, the above summary order becomes final and conclusive for the period of suspension of execution as of December 25, 2012.

Criminal facts

On December 27, 2012, at around 21:20, the Defendant driven a Brocketing car under the influence of alcohol content 0.150% without obtaining a driver’s license from around 593m of Yeonsu-gu Incheon Yeonsu-gu, Yeonsu-gu, Incheon to the shooting distance from Yeonsu-gu, Yeonsu-gu, Incheon to around 30m.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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

1. Selection of a fine for selective punishment (the fact that the person's error is divided and reflected, the distance of driving is relatively short, the crime committed during the period of suspension of execution is committed, but there is no fact that he/she has been sentenced to a punishment heavier than that of the suspension of execution due to the same crime, etc.);

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

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

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