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(영문) 인천지방법원 2018.05.02 2018고단65
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has been sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on June 22, 2007, in the same court on August 4, 2017 and has been sentenced to a imprisonment of six months for the same crime, one year for a suspended sentence and at least two times for the same criminal records during the suspended sentence.

[Criminal facts]

1. On November 4, 2017, the Defendant was under the influence of alcohol level of 0.152% among blood transfusion on November 22:10, 2017, the Defendant driven a Dive motor vehicle from the front of the Korean power located in the Seo-gu Incheon Seo-gu, Incheon, Seo-gu, to the extreme apartment road located in 198, the same Gu-ro 198.

2. On the date and time set forth in paragraph 1, the Defendant was driving the said vehicle without obtaining a driver’s license from the date front of the Jeju East-gu, Incheon, Seodong-gu, through the roads front of the Korean power plant located in the Seo-gu, Seo-gu, Seo-gu, Incheon, to the extreme apartment road located in 198, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

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. In light of the fact that there was a history of punishment several times for the same kind of crime with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”), as well as the fact that the instant crime was committed during the period of suspension of execution, and that the blood alcohol concentration in the blood is high, the Defendant is seriously punished.

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