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(영문) 인천지방법원 2014.08.14 2014고단4073
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

However, if the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

On November 25, 2012, the Defendant issued a summary order of a fine of KRW 3 million at the Incheon District Court on the grounds of a violation of the Road Traffic Act, etc. on November 25, 2012, and on November 18, 2013, the same court was sentenced to imprisonment of KRW 8 months and a suspended sentence of two years on November 26, 2013 and became final and conclusive on November 26, 2013, and has the same criminal records more than three times during the suspended sentence.

Criminal facts

On May 12, 2014, at around 19:54, the Defendant, without obtaining a driver’s license for a motor vehicle, driven C rocketing motor vehicle from the roads near the Yeonsu-gu Yeonsu-gu Incheon Metropolitan City Myun Park to the roads front of the Bupyeong-gu Incheon Bupyeong-dong Bupyeong-dong Busan Myun Park, under the influence of alcohol by 0.176% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the actual state of driving prior to driving under alcohol, inquiry into the results of crackdown on driving under influence of alcohol, report on the circumstantial statement of a driver under influence of alcohol, and details of crackdown;

1. A driver's license inquiry;

1. Previous records of judgment: Application of inquiry report on criminal records, etc., investigation report (verification of the fixed date of case No. 2013 high-rise 6319 of the Incheon District Court Act), investigation report (Attachment to judgment) and Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: A family member who is a disabled person, must support a family member, such as a parent who is a disabled person, a young child, a wife, etc., is faced with the defendant's serious reflectness and business difficulties, and has been detained long-term.

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