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(영문) 인천지방법원 부천지원 2013.04.24 2013고단407
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 26, 2013, at around 22:20, the Defendant driven a Hschton car under the influence of alcohol content of 0.141% without a driver’s license, from the front day of the restaurant for food, to the front day of the bus for maintenance in the same Dong from the front day of the restaurant for food in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Details of disposition for cancellation of driver's license;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The fact that the defendant's reason for sentencing selective punishment of imprisonment is against the defendant's acknowledgement of the crime and wrongness is the sentencing data that are favorable to the defendant. However, in light of the fact that the defendant has been punished four times as a drunk driving, and the defendant has been sentenced to a suspended sentence of ten months for the crime of violation of the Road Traffic Act in 2003 and was sentenced to a fine for the crime of violation of the Road Traffic Act in May 2012, the defendant committed the crime in this case even though he was sentenced to a prior punishment for the crime of violation of the Road Traffic Act in around 2012, it is reasonable to be sentenced to a severe punishment. The above circumstances and other circumstances as mentioned above, and the defendant's age, character and behavior, environment, circumstances of the crime, means and result, etc., and the circumstances after the crime, etc., the punishment shall be

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