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(영문) 인천지방법원 2016.07.13 2016고단3093
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 8, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), etc. on the Incheon District Court’s Branch Branch, and on July 27, 2012, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law (drinking driving). On December 29, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence for a violation of road traffic law (dacting driving) from the Incheon District Court’s Branch Branch, which became final and conclusive on January 6, 2015.

[2] On April 12, 2016, the Defendant was driving a BEAV-wheeled vehicle without obtaining a bicycle driver’s license for a motor engine device around 00:30 on April 12, 2016. While under the influence of alcohol 0.186% during blood, the Defendant was driving a BEAV-wheeled vehicle from the front of the building of the Incheon Southern-gu building to the art 346, Namdong-gu, Incheon, not covered mandatory insurance at approximately 100 meters away from the 346th road to the art

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place, the ledger of driver's licenses, and notification of detection of a non-registered motor vehicle;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment report, such as judgment of the same kind as the suspect, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, 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 operating a motor vehicle 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant had five times the record of driving alcohol and three times the record of driving without a license, and in particular, the Defendant repeated the crime during the period of suspension of execution due to drinking and the crime of driving without a license, and the instant drinking value is high.

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