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(영문) 인천지방법원 2015.05.11 2015고단1098

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 20, 201, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million by a violation of the Road Traffic Act at the Incheon District Court on June 17, 201, and the said summary order became final and conclusive on November 15, 2012. On December 10, 201, the said judgment became final and conclusive and conclusive on December 10, 2012, and was released on July 30, 2013 while the execution of the sentence was executed by the Seoul Southern Prison, and the parole period was expired on September 2, 2013.

[Criminal Power] On February 10, 2015, the Defendant, who violated the provision on the prohibition of drunk driving under the Road Traffic Act two or more occasions, driven a motor bicycle B124C motor vehicle without obtaining a license under the influence of alcohol from approximately 500 meters in the direction of Gyeyang-gu, Incheon Gyeyang-gu to the front road of Gyeyang-gu Council located in 126 roads, according to the same direction.

Summary of Evidence

1. Defendant's legal statement;

1. Reading the register of driver's licenses and the results of the control of drinking driving;

1. Previous records of judgment: Inquiries into inquiry reports, investigation reports (Attachment to previous records of sound driving and judgment, etc.), application of Acts and subordinate statutes to investigation reports;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation lies in a majority of the defendant's previous charges, and the defendant committed the crime of this case during the repeated crime period due to the previous charges, on the other hand, the defendant driving Orala, and the blood alcohol concentration is not very high, and the punishment is determined as ordered by taking into account the various factors of sentencing.