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(영문) 인천지방법원 부천지원 2015.10.21 2015고단2309
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On January 30, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 30, 2009; on September 10, 2009, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on September 10, 2009; on November 17, 2011, the Seoul Western District Court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 19, 201; and on November 19, 2014, the Defendant was sentenced to imprisonment for 8 months and a suspended sentence of two years.

【Criminal Facts】

On August 2, 2015, around 09:58, the Defendant driven Bone Star Co., Ltd in the state of alcohol alcohol concentration of about 15 km from the New Franchisium in Yangcheon-gu Seoul Metropolitan Government to the new celebsium in Kimpo-si, Kimpo-si, Kimpo-si without a car driver’s license.

As a result, the Defendant, while under the influence of alcohol without a driver's license, once more than twice, driven the above vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and each statement of the results of the drinking driving control;

1. Entry into the license ledger;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, references to criminal records, reports on the results of confirmation of the previous records of disposition, investigation reports (the attachment of criminal records and final judgments during the period of suspension of execution of sentence), investigation reports (the filing of criminal records and final judgments);

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

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 circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation: the Defendant led to the instant crime.

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