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(영문) 인천지방법원 2015.08.13 2014고단4788
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 18, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on June 18, 2010. On November 2, 2012, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on November 2, 2012. On April 19, 2013, the Defendant was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act

On July 1, 2014, at around 23:48, the Defendant driven a B rocketing car with a blood alcohol content of at least 0.119% under the influence of alcohol without obtaining a driver’s license from approximately 100 meters from the front side of a public parking lot located in the Nam-gu Incheon Metropolitan City, Nam-gu from around 23:49 on the same day to the road of around 106, Nam-dong, Nam-gu, Incheon.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A criminal investigation report (Attachment of criminal records of the suspect and related judgments);

1. Investigation into the results of the crackdown on drinking driving, reports on the circumstantial statements of drinking drivers, the register of driver's licenses, and the application of statutes concerning criminal records of foreigners;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation shall be taken into account the Defendant’s criminal records, blood alcohol concentration, etc.

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