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(영문) 인천지방법원 2018.02.21 2017고단9067
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 4, 2010, the Defendant received a fine of KRW 2,50,000 from the Incheon District Court to a crime of violating the Road Traffic Act (driving) and a fine of KRW 7 million from the same court on September 1, 2015 as the same crime.

[2] On November 16, 2017, the Defendant driven Bone Star Corer under the influence of alcohol by 0.11% without obtaining a driver’s license from the section of about 500 meters from the section of around 38,00,00 to the above-mentioned road of about 423,00 square meters from the Bupyeong-gu, Incheon, Bupyeong-gu to the same Gu funeral, to the above-mentioned road.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver working at the State, survey report, field photo, and driver's license register (Evidence List 16);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (a copy of a summary order attached thereto) by statutes;

1. Driving a driver without a license for relevant legal provisions concerning facts constituting an offense: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (1) 1 and Article 44 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act has three times the ability to punish drinking drivers, and the recent punishment was imposed for driving without a license, and the occurrence of traffic accidents in the instant process, etc., the defendant's responsibility is not minor.

However, the past records are not recently punished by a fine, but there are no criminal records against the defendant, other than by fine, and the degree of the crime, such as the drinking volume and driving distance of this case, and the defendant's mistake is currently divided in depth, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are shown in the arguments of this case, such as age, sex, environment, motive, means and consequence of the crime.

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