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(영문) 인천지방법원 2016.09.08 2016고단4392
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On July 28, 2006, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on July 28, 2006; on July 11, 2007, the same court issued a summary order of KRW 2.5 million by the same crime, etc.; on November 30, 2015, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act at the Incheon District Court for two or more times.

Nevertheless, on June 9, 2016, the Defendant, without obtaining a driver’s license at around 0.242% of blood alcohol concentration, driven a BKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-k-kn-k

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Inquiry report, records of drunk driving, confirmation of crimes during the same period of suspension of execution, and the application of Acts and subordinate statutes attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act not only has the same criminal records of four times due to drunk driving or unlicensed driving, but also the first head suspended judgment in the judgment becomes final and conclusive on December 8, 2015, and thus, the crime of this case committed under the influence of alcohol without a driver's license is very poor.

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