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(영문) 인천지방법원 2017.11.24 2017고단6424
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On July 24, 2009, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), KRW 2 million for the same crime at the same court on February 7, 2012, and KRW 5 million for the same crime at the same court on February 19, 2016.

[Criminal facts]

1. On August 4, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) (doning without a license) from 3:09 on August 4, 2017 to 5.7 km points ( Incheon Direction) located in the Dong-dong, Seo-gu, Incheon, Seo-gu, Seo-gu from 3:00 to 5.7 km points ( Incheon Direction) in the Dong-dong, Seo-gu, Incheon, Seo-gu. In the 8km section without a motor driver’s license, the Defendant was under the influence of alcohol leveling 0.150% of the alcohol level during blood without a motor device.

The driver driven 2 the electric kickboard.

2. No driver of any motor vehicle, other than motor vehicles violating the Traffic Act, shall drive on or cross any expressway, etc.;

Nevertheless, the defendant, at the time stated in paragraph 1, driven the motor device bicycle, such as the motor device kick, and entered the expressway, which is the first-class driver of the expressway, by entering the expressway, and passed the expressway.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on the occurrence of the case, report on the situation of the main driving and report on the situation of the unlicensed driving;

1. Indicating the result of measurement of drinking Sticks, using a drinking measuring instrument, making a report on the situation of the driver in charge, and making inquiries about the control of drinking driving;

1. The ledger of driver's licenses of motor vehicles;

1. A criminal report (related to the addition of criminal facts and applicable legal provisions);

1. Electric kick photographs, etc. of the person who driven at the time of detection;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to a summary order of the same paper);

1. Article 148-2 subparag. 1, Article 44 subparag. 1 of the Road Traffic Act concerning facts constituting an offense (referring to driving under influence of alcohol), Article 154 subparag. 2, and Article 43 of the Road Traffic Act (referring to driving without a license), Article 154 subparag. 6, and Article 63 of the Road Traffic Act.

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