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(영문) 인천지방법원 부천지원 2016.08.25 2016고단1495
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court Branch on September 11, 2012, and a summary order of KRW 3 million for the same crime from the same support on March 18, 2016.

On June 6, 2016, at around 23:52, the Defendant driven a B EF rocketing car under the influence of alcohol concentration of about 0.152% without the driver’s license from approximately 2km section from the front of the convenience store of 24 occ in the Jeju Jeju Jeju-si to the front of the 1st 40 occ-si si-si si-si si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification (List 3) of the results of crackdown on driving of alcohol, and the ledger of driver's licenses (List 7);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

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

1. In light of the defendant's power, investigation agency, and the defendant's attitude in this court, it is probable that if the defendant's behavior is not thoroughly controlled, managed, or trained, the crime is not committed in the same or similar crime without any knowledge of the circumstances favorable to the defendant's reasons for sentencing (a confession and reflectiveness) and unfavorable circumstances (a period of four times driver's previous years of drinking, five times driver's previous years of driving without any license), and the crime of drinking or non-licensed driving in this case is very pleasure, and the crime is not committed again without any knowledge despite the five times driver's previous years of driving without any license, it is probable that the crime is committed again in the same or similar crime, unless the defendant's thoroughly controlled, managed, or trained the defendant'

The sentencing factors specified in this case, together with the Defendant’s age, sex, living environment, and circumstances after the commission of the crime, shall be determined as ordered by taking into account all of the sentencing factors specified in this case.

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