Text
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. On December 18, 2017, around 02:20, the Defendant driven a DNA motor vehicle under the influence of alcohol concentration of 0.073% while under the influence of alcohol, without obtaining a driver’s license, from approximately 300 meters from the 55-lane, Incheon Yeonsu-gu, Incheon, to the 1st class road, as the air route of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the Defendant driven a DNA motor vehicle with a alcohol concentration of 0.073%.
2. On December 18, 2017, the Defendant: (a) received a 112 report from the Yeonsu-gu Incheon Metropolitan City Yeonsu-do 1st century, stating that “A had driven a motor vehicle without a motor vehicle driver’s license,” but was aware of the fact that A had driven a motor vehicle on the roads of the Hando-do 1st century; and (b) the Defendant driven the motor vehicle under Paragraph (1) D with the guard of the Incheon Yeonsu-gu Police Station and the guard F belonging to E, dispatched to the site.
I made a statement and responded to the alcohol alcohol measurement.
As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the circumstances of the driver involved in driving;
1. A report on investigation (a statement by a shot phone, etc.);
1. The driver's license register with Defendant A;
1. Application of statutes on site photographs;
1. Relevant legal provisions concerning criminal facts;
(a) Defendant A: Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);
B. Defendant B: Article 151(1) of the Criminal Act
1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;
1. Defendants who choose to impose punishment: Each selective fine
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: In the case of Defendant A with the reason for sentencing Article 334(1) of the Criminal Procedure Act, the crime was committed despite the fact that he had been punished by drinking or driving without a license, and even if he has caused a traffic accident, he was not driving.
In light of the fact that the person is not liable for false statement, but the figure of drinking of this case is relatively less severe, and Defendant B's proposal was followed.