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(영문) 인천지방법원 2008.3.11.선고 2007고단4691 판결
2007고단4691가.도로교통법위반(음주운전)·(병합)나.도로교통법위반(무면허운전)
Cases

207 Highest 4691 A. Violation of the Road Traffic Act (Retoxicated Driving)

b. Violation of the Road Traffic Act (Unlicensed Driving)

Defendant

Kim O

Prosecutor

Prosecutor

Defense Counsel

Attorney Park Do-young

Imposition of Judgment

March 11, 2008

Text

A defendant shall be punished by imprisonment for not less than six months.

The twenty-three days of detention before this judgment is sentenced shall be included in the above sentence.

Reasons

Facts of crime

Defendant,

1. 02 on August 3, 2007: A person drives a tea with a volume of about 50 meters in the drunken state of about 187 percent alcohol concentration without obtaining a driver's license at least 40:

2. On January 12, 2008: around 38, 200: Around 01: Around 38, a person driving a knife vehicle with approximately 250 meters of alcohol content while under the influence of alcohol 0.090 percent without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. A report on detection of each police driver;

1. Disqualifications for licenses;

1. The register of driver's licenses;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 150 subparagraph 1 of the Road Traffic Act, Article 44 (1) (the point of driving under influence of alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act

Article 2 (Occupancys of Driving Motor Vehicles without License)

1. Competition;

Articles 40 and 50 (Mutual Crimes of Violation of the Road Traffic Act as provided for in paragraph (1) of the Criminal Act and Criminal Crimes

The crimes of violation of each Road Traffic Act referred to in paragraph (2)

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges

Judges

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