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(영문) 인천지방법원 2016.06.22 2016고단1875

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On June 17, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on October 20, 2015, issued a summary order of KRW 5 million for the same crime, etc. at the Incheon District Court.

[2] The Defendant, without a vehicle driver’s license, driven CINI Coopers vehicles under the influence of approximately 0.183% alcohol level from the roads near the Incheon District Court located in the Nam-dong, Incheon, Nam-gu, Incheon, to the roads front of the agent of the dispatch month located in the Nam-gu, Incheon to approximately 52-25, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating drinking driving and a driver's license;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report of the same kind of court records as the suspect is attached);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and absence of any record of punishment for imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;