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(영문) 인천지방법원 2013.04.11 2013고단370
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 21, 2006; on November 21, 2006, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court on March 13, 2008; on December 4, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the Incheon District Court on March 13, 2008; and on December 2, 2010, the Defendant was sentenced to a imprisonment of two months for a violation of the Road Traffic Act (driving without a license) at the same court on December 2, 2010.

Nevertheless, around 07:30 on December 4, 2012, the Defendant driven B emulter cargo in the state of alcohol alcohol concentration of about 0.169% at a section of about 5 kilometers from the front of the “new wall sea station” restaurant located in the Incheon Reinforcement-Eup, Incheon, to the front of the emulit apartment located in the erode of the Incheon strengthened-gun crew.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the drinking driver, and report on the detection of the drinking driver;

1. Previous conviction: Application of Acts and subordinate statutes to criminal history records, inquiry and detention conditions for individuals;

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 35 of the Criminal Act among repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

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