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(영문) 인천지방법원 부천지원 2018.12.13 2018고단2358
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On March 26, 2013, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on March 26, 2013; on April 9, 2013, the Defendant was sentenced to a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act; on September 26, 2013, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Busan District Court Branch Branch of the Incheon District Court on April 9, 2013; on September 26, 2013, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drinking, Driving, etc.); on July 20, 2016, the Defendant was sentenced to a fine of KRW 1,500,00.

[Criminal facts] On August 14, 2018, the Defendant driven a car at C Ab while under the influence of alcohol content of about 0.108% in blood without obtaining a driver’s license for a vehicle with approximately 10-20 meters section on the front road B in Bupyeong-si, Bupyeong-si, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of liquor, report on the situation of the driver under the influence of alcohol and report on the results thereof;

1. Report on the circumstances of driving without a license, details of revocation of a license, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a response to inquiries, such as criminal history, investigation report (verification of suspect's history of driving alcohol), and copy of judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment - the defendant recognized and reflected the mistake.

- The Defendant, on March 26, 2013, is a fine of one million won due to driving under drinking on April 9, 2013, a fine of two million won due to driving under drinking on April 9, 2013, and driving under drinking on September 26, 2013, and without a license.

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