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(영문) 인천지방법원 부천지원 2017.04.14 2017고단540
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 14, 2007, the Defendant was sentenced to imprisonment with prison labor for six months due to a violation of road traffic laws at the Seoul Southern District Court on September 24, 2008; six months from imprisonment with prison labor for a violation of road traffic laws at the Seoul Southern District Court on September 24, 2008; ten months from imprisonment with prison labor for a violation of road traffic laws at the Seoul Southern District Court on June 16, 201; eight months from September 28, 2012; and one year from imprisonment with prison labor for a violation of road traffic laws at the Incheon Southern District Court’s Vice Branch on November 7, 2014; and completed the execution of the said final sentence at a prison on July 17, 2015.

[2] On December 20, 2016, the Defendant driven a C-learning car under the influence of alcohol leveling 0.149% without obtaining a driver’s license on a section of approximately 500 meters from the 422-13-2-2-2-2-on the roads before the Sungcheon-gu, Yacheon-gu, Yacheon-si to the same 394-2-on church.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Arrest report on the occurrence of the case, report on the situation of the driver who is a driver without a license, report on the situation of the driver without a license, report on the result of regulating drinking driving, and report on

1. Investigative into the ledger of driver's licenses (A) and the main office;

1. Control photographs;

1. Previous convictions: Inquiry into criminal history, report on investigation (report on attachment of inquiry of suspect), personal confinement status, and application of the text of the 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. Article 35 of the Criminal Act provides for the reason of sentencing, the risk of driving without a license, and blood for aggravated repeated crimes.

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