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(영문) 인천지방법원 2016.10.05 2016고단3743
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 5, 2005, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court on September 5, 2005; on November 8, 2012, the Incheon District Court sentenced the imprisonment of eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) and for a violation of the Road Traffic Act (Dangerous Driving) and two years for a suspended sentence; on June 20, 2013, the Defendant was sentenced to imprisonment of one year and six months from the Seoul High Court on June 20, 2013, and the said suspended sentence became final and conclusive on June 27, 2013, and the execution of each of the said suspended sentence was terminated in the military prison on January 22, 2015.

【Criminal Facts】

On April 29, 2016, at around 09:27, the Defendant driven a 500-meter high-class freight vehicle from the front day of the Incheon Nam-gu, Incheon Metropolitan City, to the front day of the fence village street located in the same Gu, while under the influence of alcohol content of 0.185%.

around 23:10 on January 28, 2016, the Defendant, “2016 Highest 4998”, while the Defendant was fighting between husband and wife, destroyed the repair cost by leaving two parts of the front door glass (a 80cm, length 100cm, length 100cm) which is the victim’s possession, as the wife of the escape-friendly Defendant, went away from the house of the victim F at the Jeju city, but the victim does not open the door.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the crackdown on drinking driving, and on-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to previous records and court rulings), three copies of judgment, and application of Acts and subordinate statutes of personal inquiry;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving), Article 366 of the Criminal Act (a point of causing damage to property), and choice of imprisonment for each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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