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(영문) 인천지방법원 2017.04.12 2017고단9
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

On December 2, 2016, the Defendant, without obtaining a driver's license of a motor vehicle around 00:20 on December 2, 2016, operated DW motor vehicle with a alcohol content of 0.139% in blood while under the influence of alcohol, and proceeded with approximately 1 km section from around the hotel to the front road of the same site in Yeonsu-gu Incheon, Yeonsu-gu, Yeonsu-gu, Incheon to 812 location.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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 of the Criminal Procedure Act is that the defendant is not guilty in the crime of this case where he drives a motor vehicle under the influence of alcohol or without a license even though he had the same criminal history of two times due to driving under the influence of alcohol or without a license. However, although the defendant was not a substitute driver for a considerable time, the defendant was not a substitute driver, but has been directly driving due to his failure to do so for a considerable period, and the defendant did not repeat again, such as late, transfer of the motor vehicle in operation, etc., by taking into account all the circumstances that are the condition for sentencing, such as the defendant's age, sex, environment, family relationship, etc., and the punishment is determined as above.

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