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(영문) 인천지방법원 2016.03.02 2014고단5620
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 16, 2014, the Defendant is obvious that the entry of a fine of five million won in the case of a violation of road traffic law (drinking) at the Incheon District Court on April 16, 201, and the entry in the chief public prosecution on April 14, 201 is a clerical error.

On August 5, 2005, the Incheon District Court received a summary order of KRW 2 million from a fine of KRW 1.5 million due to a violation of Road Traffic Act (dacting driving), and a fine of KRW 1.5 million from a fine by the Incheon District Court.

[2] On July 31, 2014, at around 01:25, the Defendant driven a vehicle of 20 meters alcohol concentration at approximately 0.117% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, at a distance of about 20 meters from the front of the convenience store located in 669 in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to the front of the ear-gu, Nam-gu, Incheon.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

1. In full view of the following factors: (a) the Defendant had three previous convictions for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the Defendant did not appear on the trial date; (c) while there was no record of imprisonment without prison labor or heavier punishment; and (d) other factors of sentencing, the sentence shall be determined as ordered by taking into account all the factors of sentencing.

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