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(영문) 인천지방법원 2017.01.23 2016고단7893

도로교통법위반(음주운전)등

Text

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

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

On February 10, 2003, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act at the Incheon District Court on September 5, 2006, a fine of KRW 5,000,000 as a fine for the same crime at the Incheon District Court on June 28, 2010, and a fine of KRW 3,00,000 as a fine for the same crime at the same court on March 25, 2016. On November 3, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court and on November 11, 2016, sentenced to a suspended sentence of imprisonment with prison labor for one year and three years for the same crime at the same court on November 3, 2016.

Although the Defendant had been driving two or more times of drinking, on October 17, 2016, without obtaining a driver’s license, around 17:25, 2016. With the influence of alcohol concentration 0.182, the Defendant driven a B SP-type car under the influence of alcohol content 0.182, and proceeded with the volume of 100 meters from the front of the Incheon B SP-ro 12-ro, 12-ro, GU-ro, i.e., 13-ro, GU-ro, i., i.e., 101-dong-ro, i., Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the judgment of the first instance of this case among the trials), and copies of judgments attached thereto, reports on the results of confirmation of the previous convictions of dispositions, and application of the Acts and subordinate statutes of inquiry of summary

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the period between the above crime and the first head on which the judgment becomes final and conclusive, and the violation of Road Traffic Act, etc. in the judgment of the court];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):