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Reasons
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(영문) 인천지방법원 2018.07.20 2017고정2546
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Driving without a driver's license or driving under drinking on May 13, 2017;

A. On May 13, 2017, at around 18:00, the Defendant driven an apartment complex of “1 complex located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, 124-14, with no motor device bicycle license from around 12 km to the front road of the building in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, Seo-gu., the Defendant driven the 95C Shobane with no motor device license.

B. On May 13, 2017, at around 22:49, the Defendant driven a motor device with approximately 4 meters of 0.178% alcohol while under the influence of alcohol in front of the Bupyeong-gu Incheon Metropolitan Building C, without obtaining a motor device bicycle license, at around 0.178% of alcohol during blood.

2. On May 14, 2017, the Defendant driving a driver’s license without the driver’s license on May 14, 2017, around 12:00, on the front of the C Building and the front side of the Seo-gu Incheon, Seog-gu, Incheon, Seog-gu, Incheon, and 124-14, “One complex for Seog-gu, Incheon, Seog-gu, Seog-gu, Incheon”, without obtaining a motor device license from approximately 12 km section to the front side of the apartment.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness D;

1. Statement concerning each part of the protocol of the prosecution or the police examination of the accused;

1. Written statements of D;

1. Statement report on the situation of the driver who is placed in driving, notification of the result of crackdown on drinking driving, and report on the situation of driving in driving;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Stophograph photographs of the motor vehicle driven by the defendant;

1. The Defendant and his defense counsel asserted that the Defendant, at the D’s request, moved the Defendant into the son’s seat and had no operation of the operation of the son’s seat and the starting of the son’s seat and the starting of the son’s seat and the starting of the son’s seat and the starting of the son’s seat with respect to the facts charged in the 1-B of the judgment.

The only evidence that the defendant could recognize that the defendant was driving the Madon at the time is only the witness D's statement.

D At the time of the case investigation agency, the defendant has the right to know at the time.

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