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(영문) 인천지방법원 2020.11.25 2020고단7840
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2018, the Defendant was issued a summary order of KRW 4,50,000 as a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On July 11, 2020, the Defendant driven D-5 automobiles under the influence of alcohol concentration of 0.159% without obtaining a driver's license from the section of approximately 30km to the front of C in Namdong-gu Incheon, Nam-gu, Incheon.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Article 40 of the Criminal Act 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant was punished as a drunk driving and the driver's license was revoked, but he was driving without a second license.

The blood alcohol concentration measured is high.

The favorable circumstances: No power shall be used for any other crime.

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