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(영문) 인천지방법원 2017.07.19 2016고단5272
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 20, 2007, the Defendant issued, at the Incheon District Court, a summary order of KRW 700,000 for a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) and the Road Traffic Act (drawing driving), the summary order of KRW 3 million for the same crime in the same court on July 23, 2010, and the summary order of KRW 7 million for the same crime on January 29, 2016, respectively.

On May 16, 2015, the Defendant driven B Oralb while under the influence of alcohol content of 0.263% without obtaining a bicycle driver's license for a motor device at around 17:20 on May 16, 2015, and proceeded with approximately 2 km from the unclaimed land in Yeonsu-gu Incheon Yeonsu-gu, Incheon to the south-dong, Nam-gu, Incheon.

Summary of Evidence

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

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a repeated driving of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55 subparag. 3 of the Criminal Act (the fact that his mistake is pened during the investigation process) was found to have been erroneous during the investigation process. However, although the Defendant had the same criminal records of several times due to drinking, driving without obtaining a license, the Defendant, even though he had the same criminal records of several times due to drinking or driving without obtaining a license, and the Defendant, without a bicycle driver’s license, was under the instant crime where alcohol labor in the blood was drunk to 0.263% without a motor device, and the crime was extremely poor, and the Defendant had the whereabouts of the Defendant for a prolonged period, and thus, was enormous in the court trial.

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