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(영문) 인천지방법원 2018.06.20 2018고단3075

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On January 20, 2005, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (drinking driving), on May 2, 2005, a summary order of KRW 7 million to a fine for a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on May 2, 2005, a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on November 14, 2007, and a summary order of KRW 5 million to a fine at the Incheon District Court on October 27, 2015.

[Criminal facts] On March 31, 2018, the Defendant driven B 300 meters away from the 40-way, 35-gil, Seogjin-gun, Incheon, Cheongjin-gun, Seoul, without obtaining a driver’s license for a motor vehicle on March 31, 2018, to the road in front of the police box 29 Young-ro, Yung-gun, Cheongjin-gun, Incheon, the alcohol content of which is 0.238%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the previous summary order);

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. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is again committed by the defendant who had been punished not less than twice due to drinking driving without a driver's license, and the nature of the crime is not less than that of driving the cargo without a driver's license, and the defendant has been subject to criminal punishment for the same crime even before, and the amount of alcohol concentration in the blood during the detection of this case is considerably higher than 0.238%, and driving of drinking is a dead person's life, body, etc.