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(영문) 인천지방법원 2014.08.21 2014고단3425
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On February 11, 2009, the Defendant was sentenced to two years of suspension of execution for fraud, embezzlement, and was sentenced to two years of suspension of execution for 8 months at the Incheon District Court on June 24, 2010, and the execution of each of the above punishment was terminated in the Ansan Prison on May 19, 201, by the Incheon District Court on June 24, 2010.

【Criminal Facts】

On April 13, 2014, at around 21:27, the Defendant driven B K7 car under the influence of alcohol content of 0.148% without obtaining a driver’s license in a section of about 300 meters from the front of the CGV film theater in Gyeyang-gu Incheon Metropolitan City, to the road located in 154-gil 11, the same Gu calculated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, personal identification and confinement status, investigation reports, and application of Acts and subordinate statutes to investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment for not less than six months nor more than two years; and

2. Determination of sentence: It shall be noted in all the facts of the crime in the holding that there is no 8-month of imprisonment [fluoring circumstances] (fluoring circumstances] traffic accidents, that the driver's license was revoked on September 27, 2007 and that the case was discovered 4 times for driving without a license, and that it is all the facts of the crime.

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