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(영문) 인천지방법원 부천지원 2017.05.18 2017고단721
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court. On January 24, 201, the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime at the Seoul Southern District Court. On May 15, 2013, the Defendant was sentenced to imprisonment for one year and two years for a suspended sentence.

On February 20, 2017, around 06:00, the Defendant driven a C-Licensed vehicle without a driver's license in the state of under the influence of alcohol content of about 0.055% from the Do in front of the trade name in the new forest road located in Gwanak-gu, Seoul Special Metropolitan City to the 340-ro Do-do Do 340-do Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol (list 6), and the ledger of driver's licenses (list 8);

1. Photographs (list 7);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history (list 15);

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

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, and Article 62-2 of the Act, the circumstances favorable to the defendant (a confession, a serious reflectivity, and a relatively low alcohol concentration in blood) and unfavorable circumstances (in spite of the criminal punishment four times including a suspended sentence on one occasion due to drinking or non-licenseing due to drinking or non-licenseing, it seems that it is necessary to control, manage, and educate the defendant about drinking and non-driving habits in order to prevent the recidivism of the same or similar crime), and other sentencing factors in the instant case, such as the defendant's age, sex behavior, living environment, and circumstances after the crime, etc., are considered together, and the sentence is determined as per the order.

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