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(영문) 인천지방법원 부천지원 2014.07.16 2014고단843

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

On October 2, 2013, the Defendant issued a summary order of KRW 3 million to a fine of KRW 2 million by a violation of the Road Traffic Act at the Incheon District Court on October 2, 2013, and on March 20, 2014, the Defendant issued a summary order of KRW 3 million by a fine of KRW 3 million by a violation of the Road Traffic Act at the Incheon District Court.

At around 23:40 on April 12, 2014, the Defendant, without obtaining a driver’s license, driven a D car while under the influence of alcohol content of about 1 0.103%, at around 00:06 on the following day, from the fri-si, Seocheon-si, Seocheon-si to the road front of the 69me hotel.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Application of Acts and subordinate statutes to an investigation report (verification of the same kind of power) and a summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration of circumstances, such as confessions and reflects, and the fact that there is no record of past record of punishment exceeding a fine);

1. Article 62-2 (1) of the Criminal Act to attend lectures;