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(영문) 인천지방법원 2015.10.07 2015고단4735

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 record] On January 18, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court, and on February 11, 2014, the Defendant was issued a summary order of KRW 2 million for the same crime from Jung-gu District Court Goyang Branch, and on November 21, 2014, issued a summary order of KRW 7 million for the same crime.

【Criminal Facts】

On July 31, 2015, the Defendant was under the influence of alcohol with 0.075% of blood alcohol concentration at around 00:40, and without obtaining a driver’s license, the Defendant driven BK5 vehicle from the road in approximately 3 km from the front side of the Nam-dong Seo-dong Seo-dong Seo-gu Seo-gu Incheon Metropolitan City 1 Industrial Complex to the road in approximately 3 km-dong 345-1, Dogdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and investigation reports (Attachment to summary orders of the same type criminal records);

1. Relevant provisions of Article 148-2 (1) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;