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(영문) 인천지방법원 부천지원 2015.02.05 2014고단3276
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 28, 2010, the Defendant was issued a summary order of 2.5 million won for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch on June 28, 2010, and on August 21, 2013, the Defendant was sentenced to two years of suspended execution for August 29, 201 and the judgment became final and conclusive on August 29, 2013 and is still under suspended execution.

Although the Defendant had been punished twice as a crime of violation of the Road Traffic Act, at around November 23, 2014, the Defendant driven a B-gu car without a driver’s license from the road front of the vehicle inspection station located in Samcheon-gu, Seocheon-gu, Samcheon-si to the 183-9 km-si, Yeocheon-si to the 183-9 km-si, Seocheon-si, Seocheon-gu, the Defendant driven a B-gu car without a driver’s license under the influence of alcohol of about 0.153 percent.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, notification on the control of driving without a license, details of disposition for cancellation of a driver's license, and the register of

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act is inevitable in light of the fact that the Defendant committed the instant crime during the period of suspended sentence due to the crime of drunk driving and the fact that the drinking volume is relatively high, etc., a sentence of sentence is to be imposed on the Defendant.

However, the following circumstances are comprehensively taken into account: (a) the Defendant’s confession and reflects; (b) the period of stay of execution as indicated in the judgment becomes final and conclusive; and (c) the Defendant’s age, character, conduct and environment; (d) the background and motive leading to the instant crime; and (e) the circumstances before and after the instant crime.

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