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(영문) 인천지방법원 부천지원 2012.10.19 2012고합179
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 30, 2009, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Incheon District Court, and on September 27, 2010, the Defendant issued a summary order of two million won by the same court as a crime of violation of the Road Traffic Act.

On May 26, 2012, the Defendant did not obtain a driving license under the influence of alcohol content of 0.085%. On the roads of the Egypian Building in the upper Dong-dong, Seocheon-gu, Seocheon-gu, Busan, the Defendant driven a B human-ray car with approximately 3 km up to 2 km from the front of the Egypian Building in the Donggwon-dong, Seocheon-gu, Seocheon-gu, Incheon to the front of the end-distance road located in 590-1, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. The register of car cars and driver's licenses;

1. Previous records: Application of inquiries such as criminal records, etc. and investigation reports (report accompanied by a summary order issued for the same criminal acts as a suspect);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant has already been punished for drunk driving over several times. The Defendant is sentenced to one year of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and two years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and is in the period of suspended execution. Therefore,

However, considering the favorable circumstances that the defendant reflects his mistake in depth, the age, character and conduct, the environment of the defendant, and the motive and motive of the crime of this case after the crime is committed.

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