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(영문) 인천지방법원 2018.05.02 2018고단1545
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 9, 2009, the Defendant received a summary order of 1.5 million won of a fine for a violation of road traffic law at the Seoul Southern District Court (drinking driving) and a summary order of 2.5 million won of a fine for a violation of road traffic law (drinking driving) on March 30, 201.

On July 12, 2017, the Defendant was sentenced to a suspended sentence of two years on July 2017 by imprisonment with labor for a violation of road traffic laws in the Incheon District Court's Branch Branch of the Incheon District Court on July 12, 2017, and the judgment became final and conclusive on July 20, 2017.

[2] On February 23, 2018, the Defendant driven C-Adi vehicle with approximately 5km alcohol concentration of 0.064% without obtaining a driver’s license from the front of the Defendant’s residence in Gyeonggi Kimpo-si, Gyeonggi Kimpo-si, to the front road of the 1500, Seo-gu, Incheon, Seo-gu, in accordance with the 1500 (Sero-dong), while driving the C-Adi vehicle with approximately 0.064% alcohol concentration in blood without obtaining a driver’s license.

Accordingly, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice without a driver's license, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Application of each inquiry letter, investigation report, and summary order, including criminal history, to one copy of the investigation report, investigation report, and sentence 1 of the judgment;

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to three times a fine due to a violation of the Road Traffic Act from around 2006 to around 201, by reason of the fact that he/she had been sentenced to a violation of the said Act (e.g., drinking).

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