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(영문) 인천지방법원 2015.01.21 2014고단8911

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On January 16, 2009, the Defendant issued a summary order of KRW 700,000,000 for a fine for a violation of the Road Traffic Act at the 55th general military court at the Army on January 16, 2009; the summary order of KRW 5 million for the same crime at the Incheon District Court on May 23, 2014; and the same year.

9. 30. The same court received a summary order of KRW 8 million due to the same offense, etc.

【Criminal Facts】

On October 23, 2014, the Defendant, without obtaining a driver’s license on October 23, 2014, driven B low-priced vehicles from approximately 500 meters in front of the dry-distance in Incheon Seo-gu to the front of the building distance in the same Dong, while under influence of 0.11% of blood alcohol concentration without obtaining a driver’s license on October 23, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the license ledger;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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 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 Decisions 201Do1339, Jan. 1, 201; 201Do1149, Jan. 2,

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

1. Social service order under Article 62-2 of the Criminal Act;