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(영문) 인천지방법원 부천지원 2016.04.07 2016고단131
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 4, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a violation of road traffic law in the Incheon District Court's Vice-Support on May 4, 2007; on July 30, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking) at the Incheon District Court's Vice-Support on July 30, 2008; on September 12, 2013, the Seoul Southern District Court issued a summary order of KRW 7 million for a violation of road traffic law (drinking) at the Seoul Southern District Court's Vice-Support on September 12, 2014; and on September 20, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (drinking) at the Incheon District Court's Vice-Support on September 20, 2014.

[Criminal facts]

1. On February 28, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a Crentop vehicle without obtaining a driver’s license for a vehicle from around about 20 km to the 143rd road, as Seoul Mapo-gu, Seocheon-si, Seocheon-si, Seoul.

2. On March 17, 2015, the Defendant driven a Crentop vehicle under the influence of alcohol content of about 0.118%, without obtaining a driver’s license, from the front of an apartment building running in the Jung-gu, Seocheon-si, Seocheon-si, Seocheon-si, Nowon-do, and up to 388-6 front roads.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs, driver's license ledger, and report on the circumstances of the driver's license;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (Attachment to the relevant court rulings, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and each road traffic Act.

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