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(영문) 인천지방법원 부천지원 2016.09.07 2016고단1636

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 15, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act, a fine of KRW 1.5 million by the same court on March 19, 2015, and a summary order of KRW 1.5 million by the same court on September 17, 2015, and the same court was sentenced to a suspended sentence for 6 months and 2 years by imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 01:10 on April 29, 2016, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of 0.085% without obtaining a driver’s license on the two-lane section from the road in front of the influence of the influent Nowon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul to the 81st road in front of the 81-ro, Seocheon-gu, Seocheon-gu, Seocheon-gu.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a car owned by the Defendant, which was not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the traffic accident report;

1. Entry of an entry report from an employer;

1. Statement of the mandatory insurance policy;

1. Entry in the register of driver's licenses;

1. Previous records before ruling: Application of each Act or subordinate statute stated in criminal records, reply reports, investigation reports (a summary order, etc. attached to the same type of power);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 1152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances in favor of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: