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(영문) 인천지방법원 2017.03.23 2017고단238
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 22, 2016, at around 03:18, the Defendant driven a B-on car under the influence of alcohol concentration of 0.103% without a driver’s license from approximately 500 meters away from the 3rd road of the Incheon Gyeyang-gu Incheon Gyeyang-gu, Incheon, to the front road of the 156-lane 2, the 156-lane Gyeongnam-gu, as the name of Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of selective fines for punishment (the following sentencing shall be taken into consideration in favor of one another):

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant's history of punishment for driving under drinking is favorable to once: The defendant's depth is recognized as committing each of the crimes of this case; there is no record of punishment exceeding the fine; the defendant's temporary driving of the vehicle at work; the defendant's age, sex behavior, environment, means and consequence of the crime; and the various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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