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(영문) 인천지방법원 2018.07.18 2018고단3764

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court on October 15, 2014, and a fine of KRW 2 million by the same court as the same crime on April 20, 2015.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven B-cracking car under the influence of alcohol concentration of about 0.075% without obtaining a driver’s license from around May 15, 2018 to about 500 meters from the after-west, Seogu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon to the deep-ro death distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver who is placed in driving, making a report on the circumstances of the driver's driving, and inquiring about the results of regulating drinking;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation report (No. 14)

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include two times a fine for the defendant's violation of the Road Traffic Act (driving of alcohol) around October 2014 and around April 2015; the two times a fine for the violation of the Road Traffic Act (driving of alcohol); around December 2016; and around May 2017; the defendant is against the crime of this case; on the other hand, the defendant's blood alcohol concentration (075%) among the defendant's blood alcohol concentration (0.075%) at the time of the instant case; the defendant's age, sex, environment; the motive, process, means, and method of each of the instant crimes; and the circumstances after the instant crime was committed, the same type of punishment as the order shall be determined by comprehensively taking account of the following factors: