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(영문) 인천지방법원 2013.08.28 2013고단2579
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On May 4, 2007, the Defendant was sentenced to a suspended sentence of five months by imprisonment for a crime of violation of the Road Traffic Act at the Incheon District Court on May 4, 2007; on June 13, 201, to a suspended sentence of four months by imprisonment for a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on June 13, 201; seven times of the same power.

【Criminal Facts, despite having been punished twice or more, the Defendant, at around 23:16 on May 7, 2013, driven Crocketing cars under the influence of alcohol concentration of 0.081% without a driver’s license, from the road front of the Nam-gu Incheon Nam-gu Incheon Metropolitan City New Bank of Man-dong to 6-dong-dong, Nam-gu, Incheon Metropolitan City from around 200 meters to the 83rd roads.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 (hereinafter the reason for sentencing), which is favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects the defendant's reason for sentencing, that the distance of driving is relatively short, and that the two children and mothers support the defendant. However, the defendant is not aware of a fine for drinking, etc. four times through drinking driving, etc., a suspended sentence of imprisonment was imposed on three times, and the defendant again carried out driving without a license for drinking and without a license for driving on July 7, 2006, and that the crime was very poor, and the motor vehicle was driven on March 17, 201 and again carried out driving without a license for drinking and without a license for driving on March 17, 201.

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