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(영문) 인천지방법원 2015.07.01 2015고단2433
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution in the Incheon District Court on the grounds of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving). The judgment becomes final and conclusive on November 7, 2013 and

【Criminal Facts】

On March 17, 2015, at around 23:00, the Defendant driven Bone Star vehicle under the influence of alcohol content 0.178% without obtaining a driver’s license from approximately 200 meters section from around 113,000 to around 11, 200, from the side of the Bupyeong-gu Incheon Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the control of drinking driving and making inquiries into driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification during the period of suspension of execution of sentence);

1. Relevant provisions of Article 148-2 (2) 2, 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. In view of the fact that the defendant can be sentenced to imprisonment with prison labor for selective sentencing, and that the defendant committed the instant crime again during the suspended execution period due to the previous violation, and that the amount of alcohol concentration in the blood of this case is high, a sentence of imprisonment with prison labor for the defendant is inevitable;

All of the above circumstances and various other factors of sentencing are determined as per Disposition.

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