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(영문) 인천지방법원 2017.03.22 2016고단8287
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on December 28, 2007, a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on December 28, 2007, and a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on August 4, 2016.

Although the Defendant had been able to violate Article 44(1)(d) of the Road Traffic Act two or more times, the Defendant driven a frank car, which is B, under the influence of alcohol concentration of about 100 meters from the front side of the Bupyeong-gu Incheon Bupyeong-gu, Incheon around November 18, 201 to the front side of the 197 Bupyeong-gu, Bupyeong-gu, Incheon, the end of November 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection, report on the circumstances of driving without a license, report on the circumstances of a driver driving, report on the results of regulating the driving of drinking, report on the driver's license ledger, and details of cancellation

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to such previous summary order);

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant had three times the same records of sentencing under Article 62-2 of the Criminal Act, and in particular, even though he was punished for driving under drinking, he again leads to re-offending, and that the defendant has several criminal records due to violent crimes, etc., the defendant is also accused.

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