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(영문) 인천지방법원 2018.01.25 2017고단8090

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for 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

On October 24, 2017, around 23:14, the Defendant driven a B knife vehicle under the influence of alcohol concentration of 0.148% without a driver’s license, from around 1km section from around Bupyeong-gu, Incheon, Bupyeong-gu to the same sports hall to the front road of 60 knife, an old sports hall.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Notification of the results of regulating driving of drinking, and application of Acts and subordinate statutes to the driver license ledger;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. An order to attend a lecture or an order of community service order under Article 62-2 of the Criminal Act has the record of being punished twice due to drinking alcohol driving, drinking alcohol level is higher than 0.15%, and the fact that a person has been sentenced to a fine on June 21, 2017, despite the fact that he/she had been subject to a fine on drinking alcohol driving on the same day, he/she again leads to driving under the influence of drinking in the unauthorized License condition, etc. is disadvantageous circumstances, the fact that he/she is under time of committing a crime, and is not causing an accident, shall be considered as favorable circumstances, and the punishment shall be determined as ordered by the order, taking into account all the relevant factors such as the defendant's age, sexual behavior,