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(영문) 인천지방법원 부천지원 2012.11.09 2012고합208
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 29, 2008, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch on August 29, 2008, and was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) at the Busan District Court on July 28, 2010.

1. Around 07:00 on June 22, 2012, the Defendant was driving a car in the area near the Southern-gu Incheon Metropolitan City Jeju Island, which was located in Seocheon-si, Seocheon-si, Seocheon-si, and without obtaining a driver’s license on a section of about 10km up to the front road of the department store.

2. Around 08:40 on June 22, 2012, the Defendant driven a B ethn vehicle with a blood alcohol content of at least 0.143% from a 30-meter radius from the parking lot of the first floor to the entrance from Seocheon-si, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, and an investigation report for each driving (in general, a report on the status of the host driver);

1. Suppression photographs;

1. Previous records: Application of inquiry reports on criminal records, etc., each investigation report (verification of the date of confirmation of judgment, and attachment reports of the same kind of judgment) to 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 (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the defendant among the reasons for sentencing) lies in a history of having been sentenced several times as a drunk driving, and even though the defendant was sentenced for 10 months of imprisonment and 2 years of suspended execution due to a violation of the Game Industry Promotion Act, even though he was under suspended execution due to a violation of the Act on Promotion of the Game Industry, the crime in this case was committed, and the

(b).

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