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(영문) 인천지방법원 2017.04.19 2016고단7976 (1)
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On August 23, 2016, the Defendant was sentenced to a suspended sentence of two years and a fine of three hundred thousand won on August 31, 2016 by the Incheon District Court for a violation of the Road Traffic Act, etc., and the judgment becomes final and conclusive on August 31, 2016. On November 17, 2016, the Defendant was sentenced to a suspended sentence of two years and a fine of three hundred thousand won on November 25, 2016, and was sentenced to a summary order of two million won for a violation of the Road Traffic Act at the Incheon District Court on June 9, 2014 and for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 22, 2014.

[Criminal facts]

1. On October 15, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) driving of a motor device bicycle on the 19:50 on October 15, 2016, without obtaining a license for a motor device bicycle, and driving a 30-meter off from the 37-2nd day of the 37-2nd day of the Nam-gu Incheon Metropolitan City, 669, to the front day of the 54-1art-ro, 669, without any registration number of 30-meter, while under the influence of alcohol content 0.172% during blood.

2. No motor vehicle, etc. which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated an off-to-land without the above registration number, at the time and place of Paragraph 1, on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection, report on the situation of driving at home, photographs, and the register of driver's licenses; and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of each investigation report (No. 12 through 14 of the evidence list);

1. Driving a motor vehicle under the relevant legal provision under the influence of alcohol on the facts constituting the crime: Driving without a license under Articles 148-2(1)1 and 44(1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act: Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act;

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