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(영문) 인천지방법원 2016.04.06 2015고단7083
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant was sentenced to a fine of KRW 3 million by the Incheon District Court for a crime of violation of the Road Traffic Act (drinking driving), KRW 5 million by the same court on December 26, 2013, respectively. On March 19, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution by the same court on March 27, 2014.

[Criminal facts] The defendant is a person who is engaged in driving a motor device B bicycle.

On November 4, 2015, the Defendant, without obtaining a bicycle driver’s license for a motor device, driven the bicycle at approximately 11 km section of approximately 11km from the roads in the south-gu, Incheon Metropolitan City, where alcohol content is 0.174% from the blood transfusion to the roads in front of the Incheon Bupyeong-gu church, while under the influence of alcohol content 0.174%.

around 15:43 on November 12, 2015, the Defendant driven B motor bicycle under the influence of alcohol content of 0.132% during blood without obtaining a driver’s license from around 10 meters to around 3 meters around the 58th mnive road of the Incheon Nam-dong, Seo-gu, Incheon, the Pilot Station of the Jejuan District, located in the 58-dong, Seo-gu, Incheon, Incheon, to the roads near the above 3mn coast of Incheon, the Defendant driven B motor device under the influence of alcohol content of 0.132%.

around 17:05 on December 21, 2015, the Defendant, “2016 Highest 563,” without obtaining a motor device bicycle license, driven B Oba owned by the Defendant, while under the influence of alcohol content of approximately 0.108% from approximately 200 meters, from the front side of the used vehicle trading complex of the 12-way, Seo-gu, Incheon, Seo-gu, Incheon, to the front day of the 1061-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement report on the situation of each driver driving without a license, the situation report on the driving of a driver without a license, and the register of driver's licenses;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, a report on the result of confirmation of the previous conviction before and after the disposition (attached to indictments), and a copy of investigation report (attached to a copy of judgment);

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