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(영문) 인천지방법원 2016.12.07 2016고단5305
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was issued a summary order of KRW 1 million on May 22, 2007 with a fine of KRW 1 million on the grounds of a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on May 22, 2007, the summary order of KRW 1.5 million on July 10, 2007 with a fine of KRW 1.5 million on the grounds of a violation of the Road Traffic Act at the Seoul Southern District Court's Seoul Southern District Court's Branch on July 10, 2007, and the summary order of KRW 7 million on November 18, 2015 with a penalty of KRW 7 million on the grounds of a violation of the Road Traffic Act from the Incheon District Court's Busan Branch Branch on November 18,

【Criminal Facts of Crimes】 On July 31, 2016, the Defendant, at around 10:20, driven CM5 vehicles from around 200 meters to around 354-3 front of the same Gu’s drawing-dong, Nam-gu, Incheon.

around 08:20 on September 23, 2016, the Defendant driven CM5 car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.093% in the section of 200 meters from the alcohol house near the Central East East East-dong, Central-ro 261-gil 27, Jung-dong, Central-ro, Central-ro, 261.

Accordingly, the defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license register, the driver's license report, the notification of the results of the drinking driving control, and the license register;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (verification of suspect's past records of violation of the Road Traffic Act) and application of summary order-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Reduction of discretionary mitigation shall be higher than imprisonment without prison labor under Articles 53 and 55(1)3 of the Criminal Act;

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