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(영문) 인천지방법원 2015.06.24 2015고단2035

도로교통법위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a holder of CM5 car, who is engaged in driving service of the said car.

1. On June 12, 201, the Defendant was issued a summary order of 1.5 million won as a fine under the name of the same crime by the same court at the Incheon District Court on July 22, 2011.

On March 11, 2015, the Defendant driven a car with blood alcohol concentration of 0.124% without obtaining a driver’s license on March 11, 2015, and driven the said SM5 car with the distance from the left-dong of Incheon Nam-gu with the mixo-distance outflow from the Tan-dong room to the mixo-distance outflow.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act by driving the said SM5 car at the above time and place, and operated an automobile not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, mandatory insurance and report on the entry into a driving house;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflection of the fact, and absence of any record of punishment sentenced to imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Part concerning rejection of an order to attend a lecture under Article 62-2 of the Criminal Act

1. The summary of the facts charged is around 01:08, the Defendant driving the said SM5 car on March 11, 2015, leading the front street of the Incheon Southern-gu from the west-dong-dong-dong-gu to the flow of the liver distance from the west-dong-dong-dong-gu.