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(영문) 인천지방법원 2016.06.16 2016고단2413
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 24, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act at the Incheon District Court on March 3, 2016, and the judgment became final and conclusive on March 3, 2016.

On March 16, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on March 16, 2016, operated a C non-Stop motor vehicle under the influence of alcohol concentration of 0.151% during blood, while driving the C non-Stop motor vehicle in the influence of alcohol level of 0.151%, and proceeded with the road prior to the Incheon Southern-gu 119 Safety Center.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (verification of a suspended sentence), text of judgment, and application of Acts and subordinate statutes as a result of search of court cases;

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

1. The reason for sentencing under Articles 40 and 50 of the Commercial Concurrent Act (the punishment prescribed for the crime of violating the Road Traffic Act with heavy punishment among each of the above crimes) is that the defendant is relatively short of the distance from drinking in the state of unauthorized License, and the defendant is too late to repent his mistake. However, in light of the fact that the defendant, even though he was under the period of suspended execution due to the first head's criminal history in the judgment, even though he was under the period of suspended execution, he did not reach the crime of this case of the same kind at the same time when he did not reach one month from the date of sentence, it is difficult to readily accept the defendant's reasoning for driving (the period of suspended for the purpose of sale is only a number of meters before and after the vehicle to confirm whether the ship's ship's riding parked for the purpose of sale, which has been parked for the purpose of sale). Ultimately, the defendant led to the crime of this case by neglecting the awareness of compliance with the traffic-related Acts and subordinate statutes and subordinate statutes, which led to treatment inside the facility.

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