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(영문) 인천지방법원 부천지원 2017.01.26 2016고단3447
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million for the same crime from the same support on September 23, 2015, and a summary order of KRW 7 million for the same crime from the Incheon District Court on August 30, 2016.

On November 15, 2016, the Defendant driven B A7 vehicle under the influence of alcohol content of 0.066% while under the influence of alcohol without obtaining a driver’s license from the Do located in the high village of Kimpo-si, Kimpo-si to the roads located in the same city of 2.5km-dong, Kimpo-si, the same city of Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol (3) and the ledger of driver's licenses of motor vehicles (8);

1. Previous convictions: Application of the Act and subordinate statutes of inquiry about criminal history (a list of 37);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the circumstances favorable to the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, and Article 62-2 of the Act on the Protection, etc. of and Article 59 of the same Act (a confession, any person who has not yet been convicted of suspension of execution, and any person whose alcohol content is high) and unfavorable circumstances (in spite of three times of criminal punishment due to repeated driving of drinking, it cannot be deemed that the crime is extremely against the defendant's criminal conduct by again driving of drinking without a license of this case at the time when three months have not passed since the previous repeated driving of drinking, and the defendant's investigative agency and this court's statement contents, attitude, etc.

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