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(영문) 인천지방법원 부천지원 2016.05.12 2016고단183
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 5, 2008, the Defendant was sentenced to a fine of two million won for a violation of Road Traffic Act (drinking driving) in the Busan District Court's Branch Branch on February 5, 2008, and the same year.

3. 4. The Incheon District Court was sentenced to a fine of KRW 1 million for the same crime, and was sentenced to a fine of KRW 6 million for the same crime at the Incheon District Court on April 29, 2015.

On October 5, 2015, at around 01:05, the Defendant driven a Category D motor vehicle under the influence of alcohol content of about 0.176% without a motor vehicle driver’s license, from around 50 meters to the home fluoring road located in the same Dong from the date before the SM Mart, 2015 to the home fluoring road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, 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 grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Promotion, etc. of the Protection, etc. of the Defendant (the confession, reflectivity, driving distance is not long) and the unfavorable circumstances (the three times due to drinking driving and the three times due to non-license driving) are subject to the criminal punishment, and the last five months remain, despite the fact that the proxy driver additionally demands 5,00 won, the commission of the crime of drinking and non-licensed driving in the instant case does not lead to pleasure of the nature of the crime, and the degree of alcohol content during the blood transfusion is not low). The sentencing factors mentioned in the instant case, such as the Defendant’s age, sex, living environment, and circumstances after the crime, etc., shall be considered together,

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