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(영문) 인천지방법원 부천지원 2015.04.10 2015고단453
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 1, 2007, the defendant was sentenced to a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act (driving without a license) at the Incheon District Court on November 11, 2008, a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving without a license) at the same court on November 11, 2008, and a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving without a license) at the same court on September 24, 2009.

On February 8, 2015, the Defendant, without obtaining a driver’s license, driven Csch 1.4 vehicles in the section of about 1 km from the mid-gu Seoul Metropolitan City, Jung-dong to the middle-dong road in the same Gu, Jung-dong, Seocheon-si, Jung-gu, Seoul Metropolitan City, to the 162 neighboring roads.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual condition, a traffic accident, a report on the occurrence of a traffic accident, a report on the results of the control of drinking driving, a ledger on the use of a drinking measuring instrument, a report on the state of drinking drivers, a ledger of driver's licenses, a details of disposition to revoke

1. Photographs of the damaged vehicle;

1. Previous records before ruling: Application of criminal records, investigation reports (Attachment to the previous records and judgments) and Acts and subordinate statutes;

1. Relevant Act of the crime: Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the crime, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of without a license for driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant had a record of being sentenced 8 times to a fine and 4 times a suspended sentence due to drinking or non-licensed driving, 12 times a total of 12 times a fine, and the crime of this case was committed since 3 months have not passed since it was punished as a fine due to last drinking driving, and the defendant's blood alcohol concentration was high.

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