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(영문) 인천지방법원 2014.11.13 2014고단6070

도로교통법위반(음주운전)등

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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 of the final judgment.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on February 28, 2013, has been sentenced to a fine of five million won for the violation of the Road Traffic Act (refluence of the measurement), on March 7, 2013, by the Seoul Southern District Court on March 7, 2013, and by a fine of 2.5 million won for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (refluence of the measurement).

On July 5, 2014, at around 21:21, the Defendant driven a B rocketing car with a blood alcohol content of 0.097% under the influence of alcohol without a vehicle driver’s license from the front of the B king beach road located in the Jung-gu Incheon Metropolitan City, Jung-gu to the front of the Northwestwest-gu, 16-5, located in the same Young-gu Coastal Sea.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into the results of crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and a report on the occurrence of such report;

1. Report on the circumstances of driving without a license and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act, which requires more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. Determination of sentence: Imprisonment with prison labor for not less than eight months, two years of suspended sentence, and 40 hours of an order to attend a course (limited to a reasonable circumstance) for not less than a suspended sentence; and