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(영문) 인천지방법원 부천지원 2013.07.16 2013고단1153
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On December 18, 2008, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on December 18, 2008, a summary order of KRW 2,50,000 as a fine for the same crime, etc. on April 1, 2009 from the Busan District Court Branch Branch Branch of the Incheon District Court on April 1, 2009, a fine of KRW 5,00,000 as a fine for the same crime, etc. on April 7, 2009. On September 1, 201, the Defendant was sentenced to a summary order of KRW 2,00,000 to the suspension of the execution of imprisonment for 6 months for a violation of the Road Traffic Act, and around 16:00 on June 16, 2013, the Defendant was driving from 8:5m alcohol level of a vehicle with no driver’s license of KRW 850.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver, circumstantial report on a driver, 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 each sentence of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is, in addition to the previous conviction in the judgment, the defendant received a summary order of KRW 2 million for the crime of violation of the Road Traffic Act from the Busan District Court's Busan District Court's Branch on September 20, 2004. The judgment of suspended execution, among the previous conviction, became final and conclusive on September 9, 201, and commits the crime of this case of the same kind even during the period of suspended execution, even though it is still under suspended execution, in light of the circumstances leading up to the detection of the crime of this case, etc., the defendant must be strictly punished. However, the defendant has to be punished in light of the fact that the defendant's mistake is divided, health status is not good, the defendant's age, character and conduct, family relationship, and the circumstances after the crime.

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