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(영문) 인천지방법원 2018.08.22 2018고단4579
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On May 31, 2018, at around 05:40, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a cleep car at approximately 3 km section from the 14km of the 252 km-ro from the roads near the Dong Coastal Police Station in Yeonsu-gu Incheon Metropolitan City to the 50 (Songdo-dong-dong-dong-dong-dong-dong-do-si), with alcohol content of 0.126% in alcohol while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is placed in the main place, investigation report, and notification of the results of regulating the driving of drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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: (a) the Defendant has no record of criminal punishment other than a fine imposed once due to a violation of road traffic law; (b) the Defendant’s blood alcohol concentration at the time of the instant case is 0.126%; (c) the Defendant’s age, sex, environment, motive, means and method of each of the instant offenses; and (d) other factors of sentencing as indicated in the instant records and trial process, including the Defendant’s age, sexual behavior, environment, motive and method of each of the instant offenses; and (e) the circumstances after committing the instant offenses.

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