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(영문) 인천지방법원 부천지원 2018.11.30 2018고단1628
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 27, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws at the Changwon District Court on May 27, 2008, and a fine of KRW 7 million on February 13, 2018 at the Jungwon District Court on the same crime (on May 15, 2011, the date of the crime).

Nevertheless, on April 6, 2015, the Defendant driven C Costa Car with a alcohol content of about 0.141% while under the influence of alcohol without a vehicle driver’s license from around 2km-si, Seocheon-gu, Seocheon-gu, Seoul to the front road of the same Sindong-gu B. The Defendant driven C Costa Car with a alcohol content of about 0.141%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license in the state of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Reporting on the occurrence of a case;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, reporting on investigation (the previous confirmation of the previous record), and application of Acts and subordinate statutes to investigation reports (the confirmation date of the 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 (Punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and punishment as a violation of the Road Traffic Act with heavy punishment);

1. The defendant is subject to criminal punishment for the same 9 times in total, including the circumstances favorable to the defendant (the recognition of each of the crimes in this case, recognizing his responsibility), unfavorable circumstances (the blood alcohol concentration was high at the time of the crime in this case, the defendant escaped in the course of drinking control, and his attitude was extremely poor during the process of arrest, the defendant was sentenced to three times as a crime of violation of road traffic laws (driving) and a crime of violation of road traffic laws (unlicensed driving).

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