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(영문) 인천지방법원 2016.10.06 2016고단5270
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On November 10, 2010, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act; on November 25, 2012, the same court issued a summary order of KRW 4 million for the same crime; and on May 12, 2016, the same court issued a summary order of KRW 5 million for the same crime.

On August 5, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a B-to-purd vehicle under the influence of alcohol level of 0.147% without obtaining a driver’s license on August 5, 2016, and proceeded with a section of about 1 km from the Do in front of the B-to-Gu, Jung-gu, Incheon, B-do, in the middle-gu, Incheon, to the road front of the Northwest-do, located in 16-5, Northwest-do.

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 indicated in judgment: Inquiry reports, investigation reports (verification of criminal records of the same kind of suspect), and copies of summary orders 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 of the provisional payment order is that the Defendant committed the instant crime in which he drives under the influence of alcohol without a driver’s license even though he had the same criminal records of three times due to a drunk driving. However, the Defendant is not guilty of committing the instant crime. However, the Defendant determined that he was able to drink with the preceding friendly club, etc. after drinking alcohol, and determined that he was fright to drive, on behalf of an expressway, a vehicle, which is the one in which

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