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(영문) 인천지방법원 2014.07.28 2014고단3977

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 June 20, 2007, the Defendant issued a summary order of KRW 2.5 million at the Incheon District Court to a fine of KRW 2.5 million, KRW 3 million on April 16, 2010, KRW 3 million due to a violation of the Road Traffic Act (driving) and KRW 5 million due to a violation of the Road Traffic Act (driving) at the above court on March 10, 2014.

【Criminal Facts】

On June 12, 2014, at around 23:58, the Defendant driven a D Abdop XD car at approximately 150 meters away from the 330-day Incheon Nam-gu Incheon Nam-dong to the 34-63rd-ro, Nam-gu, Incheon, without obtaining a driver's license, while under the influence of alcohol of 0.210% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the driver's license ledger, and the driver's license bureau;

1. Previous convictions in judgment: The application of criminal records and investigation reports (former and current 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 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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (see, e.g., Supreme Court Decision 2009Do140

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;