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(영문) 인천지방법원 부천지원 2018.06.29 2018고단1163
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 9, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on July 2, 2009, KRW 500,000 for a fine of KRW 500,000 for the same crime at the Cheongju District Court on July 2, 2009, and KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court on December 15, 2010. On November 7, 2011, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act at the Incheon District Court on July 2, 201. On February 9, 2018, the Defendant was notified of a summary order of KRW 5 million for a violation of the Road Traffic Act.

On May 4, 2018, the Defendant, without a vehicle driver's license, driven Done Star Co., Ltd in the section of about 100 meters from the roads near Bupyeong-dong, Busan-si to 91 in Seocheon-si, and from the 100-meter distance to the road front of the bucheon-si without a vehicle driver's license.

Accordingly, the defendant driving a motor vehicle without a driver's license and violated the prohibition of drinking at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the results of regulating the driving of drinking alcohol, and register of the use of a drinking measuring instrument;

1. Fact-finding reports and inquiry into the ledger of driver's licenses;

1. Previous convictions: Inquiry about criminal history, results of investigation (verification of the same criminal history as the suspect), and application of the Acts and subordinate statutes;

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 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter "the following reasons for sentencing") are as follows.

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