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(영문) 인천지방법원 2013.07.25 2013고단1906

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On December 21, 2010, the Defendant was sentenced to a fine of KRW 1,000,000 for a violation of the Road Traffic Act (driving) at the Incheon District Court, and a fine of KRW 4,000,000 for the same crime at the same court on June 15, 2012.

On April 5, 2013, at least two occasions, the Defendant driven BM5 car under the influence of alcohol content 0.150% without obtaining a driving license from around 50 meters from the Do adjacent to the main harbor located in the Nam-gu Incheon Metropolitan City State, Seo-gu, Incheon, to the front road of the Hean Culture Station located in the same 465 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. A driver's license inquiry;

1. Previouss: Inquiries, such as criminal records, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant statutory driving for a crime: Points of driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the same Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

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