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(영문) 인천지방법원 부천지원 2016.04.19 2016고단562
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2008, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Branch Branch on December 2, 2008; on July 2, 2013, the same court issued a summary order of KRW 2 million for the same crime; on July 11, 2013, the Seoul Southern District Court issued a summary order of KRW 4 million for the same crime at the Seoul Southern District Court on July 11, 2013; on August 28, 2015, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act (drawless driving) from the Busan District Court Branch Branch Branch on August 28, 2015.

On January 26, 2016, the Defendant: (a) driven a CKaren car, which is owned by B, without a driver’s license, at a place in which it is impossible to identify the place of not more than the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro 25 km on the road front of the 25 cost of the same Gu-ro; and (b) continuously driven the said car at a level under the influence of alcohol content of about 5 km from January 27, 2016 to the 12rd of the Sinsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Accordingly, the defendant was punished twice or more by drinking without a driver's license, but he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking, the circumstantial report on the driver of drinking, and the driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14

1. Suspension of execution;

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