logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.04.12 2017고단199
도로교통법위반(음주운전)등
Text

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

On December 08, 2016, the Defendant driven a B-car with alcohol content of 0.098% under the influence of alcohol during blood without obtaining a driver’s license at around 02:00 on December 08, 2016, and proceeded with approximately 20 km from the front of the Central Central Republic of Korea Central Republic of Korea, P.C. in the 45-ro, Seo-gu, Seo-gu, Incheon to the front of the P.S. P. P. P. car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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, the punishment of which is heavier);

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 of the Criminal Procedure Act, even though the Defendant had the record of a single-class crime due to drinking driving without a driver’s license in the instant case where a person drives a motor vehicle under the influence of alcohol without a driver’s license, is not less than the degree of such crime. However, it does not reach the violation of other traffic-related Acts and subordinate statutes, the blood alcohol concentration was relatively low, the second and last mistake was divided, and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age, sexual behavior, environment, family relationship, etc., are considered to be determined as above.

arrow