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(영문) 인천지방법원 부천지원 2012.12.28 2012고합397
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2010, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of the Road Traffic Act, etc. at the Incheon District Court’s Busan Branch Branch Branch on March 18, 2010, and a summary order of KRW 3 million with the same crime, etc. at the same court on June 4, 2010, respectively.

On November 4, 2012, the Defendant, without obtaining a driver’s license at around 00:21, the Defendant driven B rocketing car at a section of approximately 500 meters for the front of the telephone station distance in the Hancheon-si, Nowon-gu, Seoul Special Metropolitan City, with a blood alcohol concentration of at least 0.133%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following factors considered in favor of the accused among the reasons for sentencing):

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, or order to attend a lecture is very poor because the defendant, even though he had had a record of punishment for drinking driving over several times, his license was revoked, again driving under the influence of drinking again, and the quality of

However, in light of the fact that the distance of the defendant's drunk driving is relatively not long, and that the defendant reflects his fault in depth, the defendant's age, character and conduct, environment, motive for the crime of this case, and circumstances after the crime, etc., the sentence is imposed as ordered by considering various circumstances, including the defendant's age, character and conduct, circumstances after the crime.

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