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(영문) 인천지방법원 2015.11.26 2015고단6368

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On February 16, 2015, the Defendant was sentenced to a fine of KRW 3 million in the Incheon District Court at the Incheon District Court at the same time on April 1, 2015, and a fine of KRW 5 million for a violation of the Road Traffic Act at the same court on April 1, 2015, and on July 23, 2015, the Defendant was sentenced to a suspended sentence for 6 months for a violation of the Road Traffic Act (driving) at the Incheon District Court at the Incheon District Court on July 23, 2015, and was sentenced to a suspended sentence as of July 31, 2015.

【Criminal Facts】

On September 4, 2015, at around 01:35, the Defendant driven B K3 cars while under the influence of alcohol of about 0.134% without obtaining a driver’s license, from the alleyway in front of 30,00 U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant not only can have the history of being punished for a drunk driving, but also has the same history of being punished for a drunk driving. As such, since the defendant once he/she was under the suspension of the execution of imprisonment, he/she is again under the suspension of the execution of imprisonment, it is inevitable to sentence

C. However, the sentencing conditions such as the defendant's age, character and conduct, environment, background leading to the crime, means and method, result, circumstance after the crime, etc. shall be determined as ordered in consideration of the defendant's age, character and conduct, circumstances after the crime.

Imprisonment (eight months)