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(영문) 인천지방법원 부천지원 2014.12.29 2014고단2979

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

Reasons

Punishment of the crime

On November 3, 2014, at around 19:20, the Defendant driven a C Abdop XD car in the state of under the influence of alcohol of about 30 meters without obtaining a driver's license from the section of approximately 30 meters in front of the main village apartment in the two cities of Kimpo-si to the roads in front of the same Ri, which are located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 148-2 (2) 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 suspension of execution (Considering circumstances, such as confessions and reflects, and the absence of any record of punishment exceeding the fine due to the same kind of crime);

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