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(영문) 인천지방법원 2015.04.16 2015고단780
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 4, 201, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Incheon District Court on January 4, 201; on April 19, 2013, a summary order of KRW 4 million for the same crime from the father branch branch of the Incheon District Court on April 19, 201; on June 13, 2014, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment for a crime of violation of the Road Traffic Act (driving) and is currently under suspended sentence.

【Criminal Facts】

On December 1, 2014, at around 19:00, the Defendant driven a motor vehicle with H test under the influence of alcohol level of about 0.219%, without obtaining a driver's license, from around 254-63 Do in front of the sea water office located on the same side as the Do in Incheon, to the roads located on the same side.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the reason for sentencing, which takes into account the favorable circumstances among the reasons for sentencing, has not only five times the records of punishment for drunk driving or unlicensed driving, but also has to be sentenced since the defendant was under suspension of the execution for the same kind of previous crimes, even though he was under suspension of the execution.

Provided, That the punishment as ordered shall be determined by taking into consideration the fact that the defendant reflects the depth of the crime and all other circumstances, such as the age, character and conduct, environment, circumstances leading to the crime, etc.

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