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(영문) 인천지방법원 2014.11.20 2013고단7621

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On November 25, 2012, at the Incheon District Court, the Defendant received a fine of 1.5 million won or more as a crime of violating the Road Traffic Act, and on October 23, 2013, a summary order of 5 million won or more as a crime of violating the Road Traffic Act was issued by the same court.

On September 20, 2013, at around 05:00, the Defendant driven BM5 car under the influence of alcohol content 0.227% without obtaining a driver's license from the 3km section of sand village in the same Dong-dong, Nam-gu, Incheon Metropolitan City to the blind road of the sand village in the same Dong.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Photographss of drinking alcohol, reports on detection of drinking drivers, circumstantial statements of drinking drivers, and reports on investigation results;

1. Inquiry into the register of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports (reports accompanied by a copy of summary order);

1. Relevant provisions of Article 148-2 and (1) 1, Article 44 (1) (a point of sound driving), 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 more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for not less than 8 months [fluence] that there is no criminal force beyond a suspended sentence [fluence], traffic accident detection, high blood alcohol concentration in the instant high blood, denial of the facts driven in the police investigation process (the acting engineer was driven by an agent, the acting engineer was sent to the driver's seat although he was informed of the money, and the acting engineer was moved to the driver's seat while moving to the driver's seat at the accident site, and the acting engineer was concealed to the rear seat) and repeated drinking driving in a short period;