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(영문) 인천지방법원 부천지원 2015.10.16 2015고단2474
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 10, 2008, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch of Incheon District Court on November 10, 2008, and a fine of KRW 7 million as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch of Incheon District Court on March 18, 2015.

【Criminal Facts】

On June 27, 2015, at around 21:45, the Defendant driven Bco-sports cargo vehicles under the influence of alcohol content of about 0.090% without a car driver’s license at a section of approximately 400m of 0.090m of west-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect, the fact that drinking is not high, the fact that drinking is not high, and the distance of driving without license);

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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