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(영문) 인천지방법원 부천지원 2017.03.22 2017고단236

도로교통법위반(음주운전)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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Incheon District Court on February 17, 201, has been sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on February 17, 201, and on October 26, 201, the same court has been sentenced to a suspended sentence of two years for eight months.

On May 25, 2016, the Defendant, at around 03:10, driven a vehicle with no driver’s license in the state of alcohol concentration of about 0.054% in blood from around 1km from the front of the citizens’ center of Kimpo-dong, Kimpo-dong, Kimpo-si to the roads of Kimpo-dong Kimpo-dong, Kimpo-si, Kimpo-si, Kimpo-si, and driven a vehicle BM3 without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on driving without a license;

1. Report on the circumstances of a drinking driver and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the license ledger, chassis, and mandatory insurance;

1. Article 148-2 (1) 1, Article 44 (1) (a repeated drinking), Article 152 subparagraph 1, Article 43 (a) of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of traffic laws on roads and a violation of traffic laws on roads);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances under the reasons for sentencing under Article 62-2 of the Criminal Act, such as protection observation, attendance order or community service order, and the accused’s age, occupation, sex, family relationship, living environment, circumstances leading to the crime, circumstances leading to the crime, drinking level, driving distance, etc., the sentence identical to the order shall be determined.

- The Defendant has been already punished on several occasions due to drinking, driving without a license, etc. (in 201, driving under drinking in the year of 201).