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(영문) 인천지방법원 2018.06.11 2018고단3229
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 2, 2016, the Defendant was notified of a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Incheon District Court on March 2, 2016, and was sentenced to a suspended sentence of KRW 1 million on December 13, 2017 by the Incheon District Court for a crime of violating the Road Traffic Act (drinking).

[Criminal facts]

1. On April 9, 2018, the accused of a violation of the Road Traffic Act (driving alcohol) and a violation of the Road Traffic Act (driving without a license) shall have the same academic interest in the Gu from the road front of the Michuhol-gu Incheon Southern Park located in three dong-dong, Southern-gu, Incheon;

In approximately 800 meters far before the human electronic road located 40 o 23-gil, Cone Star car was driven in the state of alcohol concentration of 0.191% while under the influence of alcohol without obtaining a driver's license from the vehicle in about 800 meters.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who has a joint passenger as stated in paragraph (1).

The Defendant operated the foregoing van without being covered by liability insurance, which is a mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (two-time driving records)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of driving an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The fact that there was a history of punishment 2 times as a crime of the same kind with the same reason for sentencing in Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”) and Article 55(1)3 of the Act on the Mitigation of Small Quantity mitigated.

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