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(영문) 인천지방법원 부천지원 2018.11.29 2018고단2324
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a new car driver of XG since he franchises B.

On May 21, 2018, the Defendant driven the said vehicle without obtaining a driver’s license, while under the influence of alcohol content of about 0.079% from the 1km section to the front road located in D, Kimpo-si, Kimpo-si, Kimpo-si, the Defendant driven the said vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), and the application of statutes to the ledger

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for imposing selective sentence of imprisonment with prison labor - the defendant mistakenly acknowledges and reflects his or her fault.

- The Defendant was driving in a manner that drinks the preceding day and makes it possible for the Defendant to do so.

The blood alcohol concentration is not 0.079% higher.

- However, the Defendant caused an accident while driving alcohol, and caused a significant risk of road traffic.

- In addition, the Defendant was punished for a fine of KRW 500,000 on May 10, 2005, a fine of KRW 2 million on June 29, 2005, and a fine of KRW 3 million on October 27, 2012 due to a drunk driving on October 27, 2012.

On May 19, 2017, the Defendant was sentenced to two years of probation on the grounds of interference with the performance of official duties, etc., and was currently under the period of probation. On March 23, 2018, the Defendant was punished for a fine of one million won by driving without a license on March 23, 2018.

Even during the period of suspension of execution, the defendant is repeatedly driving without a license, and the defendant has been punished by a fine before, but has not been duplicated.

In addition, the accident occurred while driving under the influence of alcohol.

The awareness of compliance with driving is very weak.

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