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(영문) 인천지방법원 2014.06.12 2014고단2640
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 November 7, 201, the defendant was sentenced to a suspended sentence of two years from the same court on September 2, 2011, for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the Road Traffic Act and the violation of the Road Traffic Act, etc. at the Incheon District Court on November 7, 201, and was sentenced to a summary order of KRW 4 million from the same court on September 2, 2011 to a fine of KRW 1 million from the same court on December 7, 2010, and a summary order of KRW 1 million from the same court on December 7, 2010 to a violation of the Road Traffic Act.

【Criminal Facts】

On March 18, 2014, at around 23:51, the Defendant driven Cone Star-ro, while under the influence of alcohol concentration of about 0.20% without obtaining a driver’s license from the front side of the cream trees located in the 67-ro, Jung-gu, Incheon, Jung-gu, Incheon, to the Eastern Station No. 117-15-ro, 117-15.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers and criminal registers of driver's licenses;

1. Application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not yet made, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1, 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 under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: From 1996 to 2009, the criminal records other than all the criminal records stated in the judgment of the defendant's half of the prison term of eight months [finite circumstances].

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