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(영문) 인천지방법원 2013.12.30 2013고단1529
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

【Criminal Power】 On January 11, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on January 11, 2008 and a summary order of KRW 2.5 million for the same crime from Incheon District Court on July 14, 2010 and was punished twice due to drinking driving.

【Criminal Facts】 On March 16, 2013, at around 23:22, 2013, the Defendant driven a Choman car under the influence of alcohol concentration of about 0.115% at the section of approximately 1.5 km from the front of a regular hospital located in Bupyeong-gu Incheon Bupyeong-gu, Incheon to the road front of the same 541-7.

around 23:25 on July 2, 2013, the Defendant driven a car for cnife under the influence of alcohol content of 0.053% without a car driver’s license from Bupyeong-gu, Incheon, Bupyeong-gu to the front day of the same 180-7 number of 180-7 cnife.

around 00:25 on October 12, 2013, the Defendant driven a Category C car owned D in the section of approximately 1.2km from the front of the Incheon Northern District Office of Education to the front road of the same 542-83 Incheon Northern District Office of Education, which was under the influence of alcohol by 0.169% without a car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on the results of the control of drinking driving, notification on the results of the control of drinking driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation period is longer than 2 months under Articles 53 and 55(1)3 of the Criminal Act;

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