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(영문) 인천지방법원 2016.01.14 2015고단7361

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 14, 2014, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) and a fine of KRW 1.5 million from the same court on July 7, 2014, respectively.

[Criminal facts] On November 6, 2015, around 03:50, the Defendant driven a vehicle driver’s license without obtaining a vehicle driver’s license in the state of alcohol concentration of about 0.153% from the upstream of the week located in the Southern-gu Incheon Metropolitan City, Seo-gu to the 399-ro, Nam-gu, Incheon, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the violation of a crime, and the absence of any record of criminal punishment exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

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