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(영문) 인천지방법원 2020.02.12 2019고단8787
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Criminal facts

On April 22, 2019, the Defendant controlled the violation of the Road Traffic Act, etc. within the jurisdiction of the Gyeonggi Broadcasting Station.

Although the Defendant had a power of violating the provision on the prohibition of driving under the influence of alcohol, the Defendant driven a Cmati vehicle under the influence of alcohol without obtaining a driver’s license in the section of approximately 3km from the 02:00 on October 4, 2019 to the 3km-dong, Michuhol-gu, Incheon to the front road of the same Gu, and without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of inquiry reports and investigation reports, including criminal records, and statutes;

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

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

1. Selection of a fine, in addition to the punishment imposed on April 22, 2019 by a defendant who was selected to impose a fine of eight million won on the grounds of a violation of the Road Traffic Act on the grounds that he/she was not subject to criminal punishment for a violation of the Road Traffic Act, and that he/she reflects his/her mistake, in consideration of the fact that he/she is going against

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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