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(영문) 인천지방법원 2014.08.21 2014고단4410
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On September 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at a district court of Jung-gu on September 14, 2012, and two years of suspended execution for a period of ten months. The judgment becomes final and conclusive on the 22th of the same month

In addition, on May 1, 2008, the Defendant was sentenced to the suspension of the execution of four months for a violation of the Road Traffic Act in the Suwon District Court's Eunpyeong site, and on August 21, 2007, the Defendant was sentenced to a fine of five million won for the violation of the Road Traffic Act at the Suwon District Court's Pyeongtaek site site level.

【Criminal Facts】

On October 01, 2013, the Defendant, while under the influence of alcohol of 01:00 on a blood alcohol level of 0.178%, driven a c1 ton truck in the section of about 14 kilometers in the direction of about 14 kilometers from the front day of the Kimpo power located in the high village of the Gyeonggi-do Kimpo-si, Gyeonggi-do to the road near the 79 kilometers in the walton Highway located in the city of Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the circumstances of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. Registers, etc. of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Act on the crime: Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (a point of driving without a license) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. Determination of sentence: Imprisonment with prison labor for not less than one year [fluoring circumstances] [fluoring circumstances] (excluding those cases] and refusing to comply with a request for attendance of police officers several times, and other criminal records other than those specified in all the facts stated in the judgment, each of whom violates the Act on Special Cases concerning the Settlement of Traffic Accidents, each of which is sentenced to 10 months, each of which is sentenced to suspended sentence, two years, and each of which is sentenced to suspended sentence;

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