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(영문) 인천지방법원 부천지원 2017.08.18 2017고단1330
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 14, 2008, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving alcohol) at the Incheon District Court, and on August 11, 2008, issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving alcohol) at the Busan District Court Branch Branch Branch Branch of the Incheon District Court. On April 28, 2017, the Defendant issued a summary order of KRW 8 million for a violation of the Road Traffic Act (driving alcohol) at the Incheon District Court Branch Branch of the Incheon District Court.

[2] On May 18, 2017, at around 21:35, the Defendant driven Brocketing car under the influence of alcohol concentration of about 0.083% while under the influence of alcohol during blood without obtaining a driver’s license from around 500 meters from the front of the restaurant in which it is impossible to know the trade name in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to the front of the same day from around 21:48 on the same day to the Dong-ro station in the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the drinking, report on the circumstances of driving without a license, report on the circumstances of the driver driving on the drinking, and inquiry into the results of regulating drinking;

1. The driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (Attachment to the previous records and a copy of the judgment), copy of the judgment, and summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: (a) there is a need for strict punishment in light of the risk of driving alcohol; (b) there is five times of past records of punishment for the same kind of crime; and (c) one of them was sentenced to suspended execution after a drinking accident; and (d) one of them was escape and was sentenced to suspended execution.

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