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(영문) 인천지방법원 부천지원 2016.02.19 2015고단3303
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On May 28, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the Incheon District Court Branch Branch on May 28, 201, and on April 3, 2015, the Defendant was sentenced to a suspended sentence of KRW 1,50,000 to six months for the same crime in the same court, and on April 11, 2015, is currently under suspended execution.

On November 23, 2015, the Defendant driven DK5 car from the front side of the “nivek-to-face” way of the “nivek-to-face,” which was under the influence of alcohol of 0.132% in the blood while he was under the influence of a vehicle without a driver’s license to the front side of the “nivek-to-face,” which was located in the safe-to-face 0.132% in Bupyeong-si, Seocheon-si, Seocheon-si, to the front day of the “nivek-to-face,” located in the 26-1 (on-going-to-face)

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of drivers at home, report on detection of drivers at home, and inquiry into driver's licenses;

1. A report on investigation (vehicle distance for suspect);

1. Application of replys to inquiries, such as criminal history, report on investigation (Attachment of previous convictions and copies of written judgments of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. In light of the fact that the defendant who selected a sentence was under the influence of alcohol or without a license during the suspension of execution due to the same crime, and that the defendant appears to have frequently driven alcohol or without a license (the protocol of interrogation of the suspect by the public prosecutor against the defendant), it is necessary to punish the defendant strictly.

However, if the defendant is detained for 73 days (75 days in total) after he was detained, his mistake is against him, the defendant must support his family, and if he is sentenced to imprisonment and confirmed, 6 months which have been postponed.

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