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(영문) 인천지방법원 2016.12.22 2016고단7076
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Incheon District Court on February 2, 2007, issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act at the Incheon District Court on June 28, 2010, issued a summary order of KRW 2 million for the same crime in the same court on June 28, 2010, issued a summary order of KRW 3 million for the same crime in the same court on August 4, 2010, issued a summary order of KRW 5 million for the same crime in the same court on September 30, 2010, and issued a summary order of KRW 5 million for the same crime in the same court on April 15, 2015, which was sentenced to two years of imprisonment for the same crime in the same court on April 23, 2015.

On September 13, 2016, at around 15:20, the Defendant driven a 49c motorcycle owned by B with a blood alcohol concentration of 0.147% without obtaining a motorcycle driver's license on September 13, 2016, and proceeded with a approximately 600 meters section from the front of the old water control works in the 37th-lane, the East East-do, Incheon, Incheon, the East East-do, the 33rd-ro, the East-gu, the East-gu, the East-gu, the East-gu, the

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Inquiry report, investigation report (verification of the same force during the period of suspension of execution of sentence) and judgment attached thereto, application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Code for discretionary mitigation (including that the defendant repents his errors late and late) are late.

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