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(영문) 인천지방법원 2016.08.17 2016고단3586
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on March 23, 2006, a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on January 19, 2013, a fine of five million won for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on September 18, 2014, and a fine of five million won for a crime of violating the Road Traffic Act (dacting) at the Incheon District Court on April 27, 2016, and a crime of violating the Road Traffic Act (dacting) at the Incheon District Court on April 27, 2016, and sentenced to a suspension of execution for six months and two years for a suspended execution

5.5. The judgment becomes final and conclusive and is still in the period of suspension of execution;

[2] On May 31, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 22:05, driving a 200-meter D coke vehicle from the vicinity of the Yeonsu-gu, Yeonsu-gu, Incheon, in the state of alcohol concentration of 0.118%, at the 0.18% alcohol level in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, investigation report (the confirmation of crimes and reporting of the same military records during the period of suspension of execution), and judgment;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant shall be sentenced to the punishment of the defendant in light of the reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act, such as the fact that the defendant had been sentenced to a suspended sentence for the same kind of crime and driving the drinking in the state ofless license at the time when one month has passed since he was sentenced to a suspended sentence for the same crime;

In full view of all the above circumstances and various other factors of sentencing, the sentence shall be determined as per the disposition.

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