(영문) 인천지방법원 2017.09.08 2017고단5520

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(영문) 인천지방법원 2017.09.08 2017고단5520

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, at around 00:46, the Defendant driven C Poter Cargo under the influence of alcohol content of 0.059% at a distance of about 2 km from the front of the Li-dong, Seo-gu, Incheon, Seo-gu, Incheon to the 271-5 Li-dong, to the front of the 492 Gotju-ro, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, Jeju, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The order of the disposition shall be determined by comprehensively taking into account all the circumstances revealed in the instant case, such as drinking volume, driving distance, Defendant’s age, sexual conduct, environment, circumstances leading to the crime, and circumstances after the crime, etc., in light of the following factors: (a) the period of punishment for the same type of crime (the two times of drinking, non-licenseed license once - one time of drinking driving and non-licenseed license in 2016) is disadvantageous to the grounds for sentencing under Article 62-2 of the Criminal Act; and (b) the favorable circumstances (the recognition of and reflects the crime; and (c) the degree of punishment exceeding the fine, etc.); and (d) other factors revealed in the instant case, such as drinking volume; (d) the interval between the number of the instant punishment; (e) the period of time from which the instant punishment was imposed

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