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(영문) 인천지방법원 2017.06.28 2017고단2768
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 18, 2013, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act at the Incheon District Court, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Incheon District Court on July 14, 2016.

[2] On March 27, 2017, at around 16:17, the Defendant driven a Chive-p motor vehicle under the influence of alcohol concentration of about 0.114% without a motor vehicle driver's license, from around 744, a Do in front of the Incheon New apartment, to around the 49-5, Seo-ro, Seo-gu, Incheon apartment, Seo-gu, Incheon, Seo-gu, 144.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger of driver's licenses (A or cancellation);

1. Previous convictions: Inquiries about criminal history, application of investigation reports (a suspect's drinking alcohol driving or confirmation of non-licensed driving) Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act, the punishment of which is heavier);

1. On the grounds of sentencing of selective sentence of imprisonment, the sentencing conditions shown in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view of the following circumstances:

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

Unfavorable circumstances: The same crime has been committed several times in the past, and the crime of this case has been committed even though it had been in the period of suspension of execution.

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