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(영문) 인천지방법원 2017.11.17 2017고단6581
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 20, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Incheon District Court, and completed the execution of the sentence on September 29, 2016.

The Defendant, at the Incheon District Court on September 16, 201, violates Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 5 million from the Incheon District Court on September 16, 201 to a fine of KRW 700,000 due to a violation of the Road Traffic Act (dacting driving), the same court on September 16, 201 to a fine of KRW 4 million due to a violation of the Road Traffic Act (dacting driving), and on November 30, 2015, to a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) at least twice.

[2] On September 4, 2017, at around 00:30 on September 4, 2017, the Defendant driven a C rocketing motor vehicle with a alcohol level of about 0.104% under the influence of alcohol level of 0.104% in blood without obtaining a driver’s license from the front side of the Bupyeong-gu Bupyeong-gu, Incheon, to the front side of the 45 square meters wide road of the same funeral route.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of drivers working at the driving, report on the circumstances of driving at driving at the driving and the register of drivers' licenses;

1. Previous convictions in the judgment: (A) a response to inquiry, such as criminal history, the confirmation of the period of repeated offense, the acceptance status of each individual, the text of the Incheon District Court Decision 1104, 2016No. 1104 (including lower courts), the confirmation of identical records, and the application of the summary order

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity is as follows: (a) the Defendant was punished three times by drinking alcohol driving as stated in the judgment; and (b) the Defendant had a record of criminal punishment 14 times; and (c) among them, three times the period of punishment by driving without a license.

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