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(영문) 인천지방법원 부천지원 2014.10.14 2014고단1378
자동차불법사용등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 12:50 on June 6, 2014, the Defendant illegally using a motor vehicle discovered that a key is displayed on the Einnata-3 motor vehicle owned by the victim D owned by the victim, which was parked at the street in front of the Ora-gu, Oracheon-si C, and operated the said motor vehicle to the street above the 68-23rd class of the Goadong-dong, 201 without the victim’s consent.

2. Violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) set forth in paragraph 1, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.216%, without obtaining a driver’s license, from the front and rear-si in order to the upper end of about 400 meters from the 3rd and the upper end of the same 68-23rd and the upper end of the same 400-meter.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning reports on detection of drivers and details of driver's license taxes;

1. Relevant legal provisions concerning criminal facts, Article 31-2 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. A punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act and a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 punished several times due to drunk driving or unlicensed driving, and that the defendant committed the instant crime without being aware of the fact that he had committed the instant crime without being aware of the fact that he had been under the suspension period of the execution, and that the blood alcohol concentration level was high, it is inevitable to sentence the defendant, in light of the fact that he committed the instant crime.

The defendant appeared in the court while under influence of alcohol on the date of sentencing and made a disturbance to the court.

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