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(영문) 인천지방법원 2017.12.18 2017고단7817
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 29, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act by the Incheon District Court, on February 12, 2014, sentenced to a fine of KRW 2.5 million as the same crime from the vice branch of the Incheon District Court. On September 21, 2016, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Incheon District Court.

On July 27, 2017, the Defendant driven DK9 automobiles under the influence of alcohol content of 0.091% without obtaining a driver’s license on July 27, 2017, even though he had the same history of driving two or more times, and proceeded with approximately 1 Km from the roads near the Nam-gu Incheon Metropolitan City “rode”-dong, Nam-gu, Incheon.

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. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment of judgments of the same kind as the suspect: during the period of suspension of execution), summary orders attached thereto, and the application of respective Acts and subordinate statutes;

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

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 with heavier punishment);

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 of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is not only three times of criminal history due to drinking driving, but also the crime of this case where a person drives a motor vehicle under the influence of alcohol without a driver's license even though the defendant was under the suspension of execution due to driving of alcohol, and the nature of the crime is very poor. However, the defendant is a vehicle by driving the motor vehicle originally driven by another person.

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