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(영문) 인천지방법원 2013.07.31 2013고단2542

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On November 16, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for a violation of the Road Traffic Act, and was sentenced to a fine of KRW 5 million by the Incheon District Court on February 23, 2012.

【Criminal Facts】 Although the Defendant had a history of drinking twice, on May 12, 2013, driven a BF car under the influence of alcohol leveling of 0.093% without a vehicle driver’s license at a section of approximately 200 meters from May 12, 2013, Nam-gu, Incheon Metropolitan City from the roads on the Dong-dong-dong B-dong B-dong B-dong B-dong, Incheon to the roads prior to the same 1541.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;