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(영문) 인천지방법원 2016.10.27 2016고단3092

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2008, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court due to the crime of violation of the Road Traffic Act (driving) and a summary order of KRW 4 million on April 12, 2010 with the same crime, etc. from the Busan District Court’s Vice Branch Branch of Incheon District Court.

Nevertheless, at around 23:50 on June 10, 2013, the Defendant, without obtaining a driver's license, proceeded with approximately 2 km section from the road located in the Yeonsu-gu Incheon Metropolitan City's University-dong, Yeonsu-gu, Incheon, Incheon, where he drives a chip motor vehicle under the influence of alcohol level of 0.169%, to the road in front of 635-1, Nam-gu, Incheon.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. A previous conviction: An inquiry letter, an investigation report (Attachment to a summary order of the same kind of power), and the application of Acts and subordinate statutes attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation Act include a number of criminal records of the same kind caused by drunk driving, which violate the Road Traffic Act, but are also under the influence of alcohol without a driver's license, the crime is committed in this case.