The Kursk Regional Court recognized as legal the sentence against a 42-year-old resident of the Glushkovsky district, who was sentenced to a fine with confiscation of funds for repeated drunk driving.
According to the court verdict, on October 15 last year, a man, having been subjected to administrative punishment for failure by the driver of a vehicle to comply with the legal requirement to undergo a medical examination for intoxication, again in a state of intoxication caused by drinking alcohol, drove an Audi A6, was stopped by a traffic police inspector and again refused passing a medical examination. But he explained that the car was his.
In court, the man admitted his guilt, repented of his crime, and also claimed that on that day he drank 100 grams of whiskey and got behind the wheel, however, it turns out that it was no longer his car, since he sold it for 2.3 million rubles to a friend on October 12, but did not hand it over due to the fact that he promised to eliminate the defects at his own expense by dry cleaning: a juice stain on the back seat and a motor oil stain in the luggage compartment. When examining the seized vehicle, no stains were found.
As a result, the court under Part 1 of Art. 264.1 of the Criminal Code of the Russian Federation imposed a fine on the man – 200 thousand rubles with deprivation of the right to engage in activities related to driving vehicles for a period of two years. In accordance with Part 1 of Art. 104.2 of the Criminal Code of the Russian Federation, in exchange for the sold car, the court confiscated 2.3 million rubles from the convicted person. Both the fine and the confiscated funds go to the state.
The convict’s lawyer appealed the verdict – he asked to reduce the fine and did not agree with the confiscation of the funds. The man did not appear in the appellate court.
The court came to the conclusion that the contract for the purchase and sale of the car, although it complied with the requirements of the law, was not executed, which served as the actual basis for the subsequent confiscation of the funds received by the man from the sale of the car. The court left the verdict unchanged.
