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(영문) 인천지방법원 2015.08.13 2015고단1197

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

[criminal power] On March 25, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for similar rape at the Incheon District Court, which became final and conclusive on April 2, 2015. On April 21, 2015, the Defendant was sentenced to three years of suspension of execution and seven million won of fine, and the said judgment became final and conclusive on April 29, 2015.

【Criminal Facts】

On November 10, 2014, at around 00:50, the Defendant driven a rocketing car with the blood alcohol concentration of 0.071% under the influence of alcohol without obtaining a driver’s license, at approximately 1m section at the entrance of the Cluto hot spring parking lot in Asan City B.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Copy of the E statement;

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

1. Investigation reports (control details, etc.);

1. All on-site photographs;

1. Previous convictions in the judgment: Application of the inquiry report, investigation report, and each written judgment (it shall not be accepted, although the defendant asserts that he/she is only driving a motor vehicle, who is in dispute with the conduct of daily life in China, such as E, and is merely driving a motor vehicle, during his/her litigation);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act does not restrict the degree of alcohol on the basis of blood alcohol content as 0.071%, and only one meter in driving distance is one meter; the instant crime constitutes a concurrent crime under the latter part of Article 37 of the Criminal Act and thus, the equity should be taken into account when a judgment

1. Article 62(1) of the Criminal Act: