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(영문) 인천지방법원 2015.01.29 2014고단8890
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 28, 2012, the Defendant was sentenced to a fine of five million won for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving) at the Ansan District Court's Ansan Branch on June 28, 2012. On September 24, 2014, the same court was sentenced to one year of imprisonment for the same crime and three years of suspended execution, and the said judgment becomes final and conclusive on October 2 of the same year.

【Criminal Facts】

On October 19, 2014, the Defendant, without a car driver’s license, driven a car in Cmea with approximately 22 km from the area near the Ganyang University located in the Mayang-dong in the Manyang-gu in Gyeyang-gu, Incheon, to the front of the restaurant of the Manyang-gu, Incheon, while under the influence of alcohol by 00:42%.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated: Criminal history records, circular statements, undispositions, and application of Acts and subordinate statutes reporting results;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for a period of six months [limited circumstances] and half [six times from the year 2000] to the 8-time driverless driving, seven times from the year 200, and immediately after a suspended sentence as stated in the facts constituting the crime of this case is sentenced, the drinking and non-licensed driving of this case, and the possession of a vehicle

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