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(영문) 인천지방법원 2014.02.12 2013고단8239
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On January 26, 201, the Defendant was sentenced to a suspended sentence of ten months in the Incheon District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act. On November 23, 2010, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for the same kind of crime, such as imprisonment with prison labor for the violation of the Road Traffic Act (Dangerous Driving) at the Ansan District Court on the grounds of

【Criminal Facts】 The Defendant was a person who has been punished for drunk driving twice or more, and driven Bunst vehicle under the influence of alcohol 0.09% without obtaining a driver’s license at a 10km section from the front of the office of moving-in, which is located in the Annyang-si Winter-dong, Gyeyang-gu, Incheon to the south Mancheon-do, Namcheon-gu, Incheon, from September 17, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

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., Supreme Court Decision 201Do148, Apr. 1, 201);

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