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(영문) 인천지방법원 부천지원 2018.06.01 2018고단801
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 21, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court's Branch on August 21, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on August 28, 2007, and a fine of four million won for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on September 28, 201, and two years for a suspended sentence.

On March 10, 2018, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol content of 0.202% while under the influence of alcohol without obtaining a driver's license from around 1km in the area of approximately 1km from 20:50 to 456 to the front road of the office at the Modern Construction Site in the same military.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license in the state of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement;

1. Application of Acts and subordinate statutes to computerized data, such as driver's license ledger;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The circumstances favorable to the defendant (the fact that the defendant recognized the crime of this case) and unfavorable circumstances (the blood alcohol concentration was high at the time of the crime of this case, the defendant had the history of being subject to four times criminal punishment due to the crime of violating the Road Traffic Act, including the previous conviction on probation, and the crime of violating the Road Traffic Act, and even though he clearly recognizes that the defendant is unable to drive, he/she is driving under drinking conditions.

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