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(영문) 인천지방법원 2013.07.11 2013고단3181
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2008, the Defendant was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on July 8, 2008. On October 29, 2010, the Defendant was sentenced to a suspended sentence of four months for the same crime from the Busan District Court Branch Branch of the Incheon District Court on April 29, 201, and was sentenced to a fine of five million won for the same crime on February 17, 2012.

On May 1, 2013, the Defendant, who had been punished for drunk driving twice or more as above, was driving CF car over approximately 100 meters from the Do near the 6th Kafa in the Nam-dong, Nam-gu, Incheon, Seoul, under the influence of alcohol level of 0.151% at around 01:30 on May 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, and the report on the circumstances of drinking driving;

1. Previouss: Inquiries, such as criminal records, and the application of Acts and subordinate statutes to each investigation report;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that a sentence is inevitable because a person has repeated his/her drunk driving even though he/she has been on multiple occasions, it is inevitable to punish him/her, but it does not lead to an accident, that he/she is responsible for his/her livelihood as the highest family, and that he/she reflects mistake);

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