logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.22 2017고단7024
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On August 5, 2017, the Defendant driven B car with alcohol content of 0.111% under the influence of alcohol during blood without obtaining a driver's license on August 5, 2017, and proceeded with approximately 100 meters from the front side of Seogu Office located in Seo-gu, Incheon, Seo-gu, Incheon to the front road of the oil station in Seogu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

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. 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 under Article 334(1) of the Criminal Procedure Act, even though the Defendant had the record of a single kind of crime due to drinking without a driver’s license, is no less than mix in the crime of this case where he drives under the influence of alcohol without a driver’s license. However, the Defendant appears to have been driving a vehicle directly because a substitute driver after drinking alcohol does not from time to time, and the Defendant does not reach a violation of other traffic-related Acts and subordinate statutes, the Defendant’s mistake does not appear later, and all other circumstances constituting the condition for sentencing, such as the Defendant’s age, sex, environment, family relationship, etc., shall be considered and determined as above.

arrow