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(영문) 인천지방법원 2017.07.05 2017고단2473

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On February 9, 2007, the Defendant was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act (drinking driving), and a fine of 2.0 million won for the same crime in the same court on April 9, 2015, and on September 21, 2016, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for a violation of the Road Traffic Act (dacting driving) at the same court on September 29, 2016, and the said judgment became final and conclusive on September 29, 2016.

On February 4, 2017, the Defendant driven a car with approximately 0.095% alcohol concentration in the blood while under the influence of around 00:40 on February 4, 2017 without a driver’s license, and driven a car with approximately 700 meters from the front of the drinking house in which it is impossible to identify the trade name of the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, Seo-gu, the Defendant driven a car with approximately 0.05% alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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 same type of judgment), judgments attached thereto, and copies of summary orders, and application of reporting Acts and subordinate statutes after confirmation of the previous convictions of dispositions;

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. The reason for sentencing under Articles 53 and 55(1)3 (a), of the Criminal Act (abstinence of one’s own misconduct, etc.) of the Act on Reduction of Small Quantity is to support a wife with disability of class 2 (abstinence). After committing the instant crime, the Defendant had no circumstances to consider the Defendant, such as cancelling the registration of the vehicle owned by him/her, and being hospitalized for himself/herself, and being receiving treatment of proof of alcohol. However, the Defendant is driving alcohol.