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(영문) 인천지방법원 2015.03.25 2014고단555
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On March 26, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 26, 201, and was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) at the Sungwon District Court on August 27, 2013, and was sentenced to a fine of five million won by the Incheon District Court on November 25, 2013.

【Criminal Facts】

On December 22, 2013, at around 14:36, the Defendant driven a B rocketing car without obtaining a driver’s license with a blood alcohol concentration of 0.096% from around 4km to around 4k-dong, Yeonsu-gu, Incheon Metropolitan City.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the state of his/her oral statement, electronic documents, notification of the results of the influence of drinking, driving control, and driver's license inquiry;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, reports on the results of confirmation of the previous records of disposition, investigation reports (reports attached to previous records, written judgments, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

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