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(영문) 인천지방법원 2018.05.02 2018고단1509
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 14, 2013, the Defendant issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Incheon District Court on May 15, 2013, a summary order of KRW 5 million as a fine for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on May 15, 2013, and on May 15, 2015, the Incheon District Court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on November 15, 2017. On November 15, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on June 23, 201, and was in violation of the Road Traffic Act at least twice.

On January 31, 2018, at around 07:48, the Defendant driven a Dystren vehicle under the influence of alcohol content of 0.086% while under the influence of alcohol without obtaining a driver's license from around the department store to around the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, and without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1.Report on the circumstances of driving at home and report on the circumstances of driving without licenses;

1. Statement report on the situation of a driver driving, notification of the result of regulating drinking driving, and on-site photographs;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of each investigation report (No. 13 through 18) statute;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was sentenced three times to a fine and one time to suspend the execution of imprisonment with prison labor due to a violation of traffic laws (driving alcohol) from around 2013 to around 2017, and the Defendant committed each of the instant offenses during the period of suspended execution. The Defendant committed each of the instant offenses while driving under the influence of alcohol at the time of the instant case.

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