logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.07 2017고단375
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On April 2, 2008, the Defendant was sentenced to a fine of KRW 5 million due to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on April 2, 2008. On August 22, 2016, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime.

Although the Defendant had had a history of driving a drinking twice or more as above, around December 06, 2016, the Defendant driven a burner car with B 0.075% alcohol concentration in the blood while under the influence of alcohol without obtaining a driver’s license on December 06, 2016, and driven a distance of about 1.5 km from the front of the fourth line church of the Incheon Seo-gu to the front of the Incheon Seo-gu Incheon Seo-gu Mag-ro 573 Schill.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the result of crackdown on driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (a confirmation before and after the driving of a suspect's drinking), judgments attached thereto, and copies of summary orders, respectively;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is not only the same criminal records of several times due to drinking driving (three times) or non-licensed driving (one time), but also the defendant was sentenced by the Incheon District Court on November 9, 2012 to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (the composition activities of organizations, etc.) at the Incheon District Court on February 25, 2014 and for a repeated crime under the influence of alcohol without a driver's license on February 25, 2014, while the execution of the sentence was completed and thus, the crime was committed in the instant case where he was under the influence of alcohol without a driver's license. However, the defendant was parked on the road after drinking alcohol until the new wall.

arrow