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(영문) 인천지방법원 2013.09.23 2013고단3197
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On October 26, 2010, the Defendant issued a summary order of KRW 1.5 million at the Incheon District Court to a fine for a violation of the Road Traffic Act, and on November 7, 2012, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act, respectively.

【Criminal Facts】 From May 25, 2013 to May 23:3:38, 2013, the Defendant driven BL car while under the influence of alcohol 0.115% without obtaining a driver’s license from approximately 5km section to the front road of the apartment complex of the Seo-gu Incheon Western-dong, Seo-gu, Incheon.

around 05:18 on July 27, 2013, the Defendant driven B Lart car with approximately 500 meters alcohol concentration 0.178% under the influence of alcohol without obtaining a driver's license from the front side of the Home Packer in the 616-3, Nam-gu, Incheon, Nam-gu, Incheon, to the front side of the Yanban-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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

1. Selection of each sentence of imprisonment;

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

1. The favorable circumstances, such as the fact that the Defendant recognized his mistake and reflects the Defendant’s reason for sentencing in light of the circumstances favorable to the Defendant among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following reason for sentencing), the fact that there was no record of punishment except for the previous conviction, and the sale of the vehicle driven around August 1, 2013.

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