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(영문) 인천지방법원 2014.08.21 2014고단4309
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 1, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Incheon District Court on April 1, 201, and was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act at the Incheon District Court on July 11, 2013, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act at the Incheon District Court on July 19, 2013

【Criminal Facts】

On May 18, 2014, at around 01:36, the Defendant driven a bppon vehicle under the influence of alcohol concentration of 0.115% without obtaining a driving license from a section of approximately 400 meters from the roads near Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City to the roads front of Seocheoncheon Oil Station located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of running sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: The fact that it appears to be against six months of imprisonment [free circumstances] [free license, drinking driving, etc. during the period of probation, and the above vehicle that was driven at the time of detection is the same as the vehicle at the time of detection as the previous drinking driving (as of February 3, 2013). Accordingly, according to this, the defendant is under the period of probation, and even though there is no driver's license, he is still holding the present vehicle and continues to grant a non-license.

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