beta
(영문) 인천지방법원 2016.11.23 2016고단5969

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six 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 August 14, 2015, the Defendant issued a summary order of KRW 2 million to the Incheon District Court for a crime of violation of the Road Traffic Act, and issued a summary order of KRW 2 million to the Incheon District Court for a crime of violation of the Road Traffic Act. < Amended by Presidential Decree No. 2790, Jul. 22, 2016>

【Criminal Facts】

On July 29, 2016, at around 23:54, the Defendant driven BCoC vehicles with blood alcohol concentration of about 0.115% without obtaining a driver's license from the street in front of the Kimpo-si Office of Kimpo-si to the front road of the Kimpo-si in the 100-meter section of the Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records, inquiry reports, investigation reports (the same criminal records and indictments) and the application of 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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;