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(영문) 인천지방법원 2014.05.15 2013고단7894

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., in the Incheon District Court's Branch on June 2, 2011 and three years of suspension of execution on October 31, 201, and the said judgment becomes final and conclusive and is still under suspension

In addition, on October 1, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch on October 1, 2008, and was sentenced to a fine of KRW 2 million for the same crime at the Incheon District Court's District Court on March 6, 2013.

On November 28, 2013, at around 00:21, the Defendant driven a Dsch Rexton car without obtaining a driver's license from approximately 2km section from the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the 416nd road in Bupyeong-gu, Incheon Bupyeong-gu, Incheon, and without obtaining a driver's license, while under the influence of alcohol of about 0.117% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Inquiries and inquiries, and the application of Acts and subordinate statutes of each investigation report (a confirmation during the period of suspension of execution of sentence and a previous conviction);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. Determination of sentence: The defendant, other than the criminal records of the crime committed in the judgment of the court below, has been sentenced to imprisonment with labor for one year (finite circumstances) (finite circumstances), half of the defendant (finite circumstances), imprisonment with labor for six months on November 9, 2007, and imprisonment with labor for a violation of the Road Traffic Act, and two years on suspension of execution. Despite the fact that the crime of the judgment is under suspension of execution of execution of a violation of the Punishment of Violences, etc. of Violences, etc. (a collective, deadly weapons, etc.), a fine of two million won on March 6, 2013, and the same is again identical.