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(영문) 인천지방법원 부천지원 2017.05.19 2017고단687
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 20, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of road traffic law in the Incheon District Court Branch of the Incheon District Court, and a fine of KRW 1,500,000 for a crime of violation of road traffic law in the same support on the same day. On March 6, 2008, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (drinking) and was sentenced to a summary order of KRW 8 million for a crime of violation of road traffic law in the same support on August 10, 2015.

Criminal facts

Although the Defendant had violated Article 44(1) of the Road Traffic Act more than twice, on March 7, 2017, the Defendant driven BK5 automobiles under the influence of alcohol concentration of about 0.108% without obtaining a driver’s license from around 700 meters in the section from the front of the restaurant at the end of the long-term Dong in Kimpo-si, Kimpo-si to the front of the middle school at Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Report on the circumstances of a driver without a license and the ledger of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history, application of investigation reports (report attached to drinking records, summary order, and text of judgment) Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has been punished four times or more or more for drinking driving, the defendant is not to drive again.

It is so ordered in consideration of the fact that his mistake is deeply against his own mistake, such as it.

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