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(영문) 인천지방법원 2013.06.27 2013고단2924
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to a fine of KRW 5 million by the Incheon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), a violation of the Road Traffic Act (Dangerous Driving), and a fine of KRW 5 million by the Incheon District Court on May 23, 2012, and a violation of the Road Traffic Act (Dangerous Driving).

On May 4, 2013, at around 01:55, the Defendant, who had been punished twice or more due to drinking driving, drives CM7 car under the influence of alcohol content of about 0.134% without obtaining a driving license from around 50 meters from the Do near the Kapeta located in the Southern-dong, Incheon Metropolitan City, to the Hansung-dong road located in the same 968.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Driver's licenses and chassiss;

1. Previouss: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that a separate crime committed by a defendant sentenced to his/her punishment is currently pending in the appellate court, that drinking and driving without a license does not lead to an actual accident, and that a mistake is against his/her wrongness);

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