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(영문) 인천지방법원 2016.01.13 2015고단7209
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 15, 201, the Defendant was sentenced to imprisonment for 4 months for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (licensed driving) at the Incheon District Court on July 15, 201, and was sentenced to a suspended sentence of 2 million won for the same court on November 1, 201, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (dacting driving), a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving), respectively.

[2] On October 17, 2015, around 00:10, the Defendant driven a BSP car without obtaining a driver’s license in the state of alcohol concentration of at least 0.11% from approximately 500 meters to the front day of the Dong community service center located in the Nam-gu Incheon Metropolitan City from the front day of the SPP car in the Nam-gu, Incheon Metropolitan City to the front day of the 7nd day of the Dong community service center located in the Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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. In light of the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act include three times the criminal records of the same kind of driving under the influence of alcohol, about 15 times the same records of driving without the license, and the defendant repeats again even though he/she had been sentenced to a suspended sentence of imprisonment due to the same crime.

However, the punishment shall be determined as per the disposition by comprehensively taking into account the fact that the defendant is against the defendant, and all other factors of sentencing.

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