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(영문) 인천지방법원 2014.08.28 2014고단4430
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 2, 2012, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the same court on February 24, 2014.

【Criminal Facts】

At around 21:00 on April 26, 2014, the Defendant, without a car driver’s license, driven a vehicle owned by Nonparty B with a blood alcohol concentration of at least 0.106% under the influence of alcohol from a section of approximately 1kim from around Yeonsu-gu Incheon, Yeonsu-gu to the front of the Cheongnam Park No. 467, Cheongnam-dong, Yeonsu-gu, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and report on the circumstantial statements of the driver under the influence of alcohol;

1. Report on the circumstances of driving without a license and written statement on driver’s license;

1. Previous records: Application of criminal records, inquiry reports, and Acts and subordinate statutes attached to a summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of sentence: The fact that there is no criminal record of the suspension of execution of a fine of 7 million won (fluorous circumstances) or more (fluorous circumstances), in addition to the criminal records stated in the judgment, there is a record of having been punished by a fine of 1.5 million won on February 20, 2014 for a violation of the Road Traffic Act (fluor without a license), and the fact that a person repeatedly commits a crime without a license during

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