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(영문) 인천지방법원 2012.12.07 2012고합1255
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 21, 201, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, on April 26, 2012, a summary order of KRW 8 million due to a violation of the Road Traffic Act (refluence of measurement), etc. from the Suwon District Court's Ansan Branch on September 6, 201, and on September 6, 2012, the Incheon District Court received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (refluence of measurement), and on December 21, 2011, the Defendant is under probation after being sentenced to a suspended sentence of one-year imprisonment with labor from the Incheon District Court for

Nevertheless, at around 02:50 on October 19, 2012, the Defendant, without obtaining a driver’s license, driven a DNA car with the blood alcohol concentration of approximately 0.101% from the 1km section from the scopic road located in Sinsi-si, Sinsi-si to the road in front of 1394.

Summary of Evidence

1. Defendant's legal statement;

1. Data pertaining to driving under influence of alcohol, control of driving under influence, driver's license inquiry;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a copy of a summary order), previous records of disposition, results of confirmation, and application of 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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “voluntary mitigation”) include the following facts: (a) the Defendant was punished once by a fine for drunk driving in 201; and (b) the Defendant was punished by a fine on two occasions due to drinking refusal or drinking driving in 2012; and (c) the above crimes committed during the period of probation in 2012 are all committed during the period of probation; and (d) one of them was driving a traffic accident while driving a motor vehicle in the state of probation.

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