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(영문) 인천지방법원 2016.08.24 2016고단3545
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On April 7, 2006, the Defendant was sentenced to a fine of KRW 7 million by the Seoul Western District Court for a crime of violation of the Road Traffic Act (driving) and a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents ( Drinking) at the Incheon District Court on February 13, 2007, a fine of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on June 15, 2007, a crime of violation of the Road Traffic Act ( Drinking) at the Incheon District Court on June 15, 2007, a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act (Driving without a license) at the Seoul Western District Court on November 28, 2013, respectively.

[Criminal facts]

1. On March 25, 2016, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) driving a 200-meter bM5 vehicle from No. 100 meters away around the Agricultural Cooperative, the entrance of the Seo-gu Incheon Seo-dong, Seo-gu, Incheon, under the influence of alcohol content of 0.229%, without obtaining a driver’s license on March 25, 2016.

2. On May 2, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) on May 2, 2016, without obtaining a driver’s license on around 19:35, May 2, 2016, the Defendant driving a 200-meter cM5 car from the place near the same rock station located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the road front of the 88th (SM5 car), located in the same column as the air well.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at drinking, notification of the results of regulating drinking driving, the ledger of driver's licenses, and inquiry report on driver's licenses;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (Attachment of criminal records of the same kind as the suspect), and application of text 7 of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Protection observation;

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