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(영문) 인천지방법원 2017.04.13 2017고단928
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 10, 2001, the Defendant received a summary order of KRW 1 million from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act (drinking driving), on June 9, 2006, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (drinking driving), on August 19, 201, from the Incheon District Court to a fine of KRW 2 million to a violation of the Road Traffic Act (drinking driving). On March 24, 201, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 2 million from the Incheon District Court to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on March 24, 201.

On December 28, 2016, at around 22:40, the Defendant driven a CBS car with approximately 400 meters alcohol level 0.133% alcohol level while under the influence of alcohol level from the ZF Korea’s front road located in Seocheon-gu, Incheon, Seocheon-gu, Incheon to the same Cheongcheon-gu (Cheongcheon-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, who has five times the reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction and Exemption of Small Quantity, was sentenced to the final sentence of the suspension of execution and committed the instant crime of the same kind during the suspension of execution, and the amount of drinking was not much significant. However, even though the period of the suspension of execution expired when the instant judgment was rendered, the Defendant shall be sentenced to imprisonment by selecting him/her.

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