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(영문) 인천지방법원 2017.10.20 2017고단3566
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on August 27, 2008; on December 24, 2009, to a summary order of KRW 3 million for a violation of the Road Traffic Act; on November 11, 2013, the Defendant was sentenced to a summary order of KRW 9 million for a violation of the Road Traffic Act at the Incheon District Court's Incheon District Court's Incheon District Court's Incheon District Court's Incheon District Court's Incheon District Court's imprisonment with prison labor for a violation of the Road Traffic Act (driving without a license); on June 19, 2014, the Defendant was sentenced to a fine of KRW 9 million for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license).

On April 2, 2017, around 22:50, the Defendant driven a D ready-light vehicle with approximately 200 meters alcohol concentration of 0.264% while under the influence of alcohol in the blood without obtaining a driver's license.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place of business, and statement of alcohol alcohol during blood;

1. The driver's license ledger (the 11-1 of a net time);

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, (12) and an investigation report (Attachment to a copy of the judgment on the same type of force, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence of Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment is sentenced to a suspended sentence of two years for six months due to the extenuating circumstances [the many persons who have been punished for drinking or non-licensed driving, the crimes of violation of the Road Traffic Act and violation of the Road Traffic Act (non-licensed driving) in 2013, and the crime of violation of the Road Traffic Act (non-licensed driving). The suspended sentence is again imposed during the period of the suspended sentence.

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