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(영문) 인천지방법원 부천지원 2015.12.11 2015고단2947
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act for six months at the Incheon District Court’s Busan District Court’s Branch on December 6, 2014, and the said judgment became final and conclusive on December 6, 2014. On October 27, 2010, the said court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving). On September 6, 2010, the said court was sentenced to a fine of one million won for a violation of the Road Traffic Act.

On September 19, 2015, the Defendant: (a) around 03:55, at approximately two kilometers in the area of 2 kilometers in the same city, from the Mapo-Eup, Kimpo-si to the nusansan-Eup in the same city; and (b) on August 17, 2014, the car driver’s license was revoked, and operated a B-hand car with a blood alcohol concentration of 0.183 percent under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the situation of driving without a license, the report on the status of driving without a license, the investigation report, the report on the status of driving without a license, the records of management and inquiry into the records of driving without a license, and the register of driver's licenses;

1. Control photographs;

1. Criminal history records, inquiry reports, investigation reports (report attached to the same type of judgment, etc.), one copy of the judgment, and application of three copies of the summary order under the Acts and subordinate statutes;

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

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

1. Selection of a fine, in consideration of the fact that the defendant, who is selected as a criminal defendant, drives under drinking and has a total of four times of punishment during the period of suspension of execution, is recognized to have the career of serving his/her mistake, but the defendant reflects his/her mistake, if the defendant is sentenced to imprisonment, he/she additionally takes the punishment for six months of imprisonment which is invalidated and suspended after the suspension of execution of the previous execution of the sentence, and that the defendant is somewhat harsh for him

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

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