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(영문) 인천지방법원 부천지원 2016.05.12 2016고단360
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On November 13, 2003, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), from the same support on December 8, 2003 to the same crime, the summary order of KRW 2.5 million for the same crime from the same support on December 12, 2007 to the summary order of KRW 4 million for the same crime, from the same support on March 10, 208 to the summary order of KRW 3 million for the same crime, from the same support on June 8, 2010 to the summary order of KRW 4 million for the same crime, from the same support on June 8, 2010 to the summary order of KRW 4 million for the same crime, and from the same support on April 24, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime on August 1.

On December 20, 2015, the Defendant driven a Grand Sheet under the influence of 0.27% alcohol concentration in the blood, without obtaining a driver’s license, of about 10 meters from the front of the Paris Babp taxi stop in the Paris Babbbbro, which is located in the Kimpo-si, at around 01:25 on December 20, 2015, the Defendant driven a Grand Babro, under the influence of alcohol concentration of about 0.227%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the result of regulating the driving of alcohol and the driver's license register;

1. A report on internal investigation (List 12);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend (the confession, reflectivity, and driving distance is not visible), unfavorable circumstances (the six-time criminal punishment was imposed on driving under drinking, as well as the crime was committed under the influence of alcohol concentration of 0.227% in high blood, despite the fact that he/she had been under the suspension of the execution of the same kind of criminal record at the time, and other age, sex, living environment, living environment, etc. of the defendant.

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