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(영문) 인천지방법원 2014.09.03 2014고단5235

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million due to a violation of the Road Traffic Act, and a summary order of KRW 7 million with a fine of KRW 1 million at the Incheon District Court on June 15, 2012.

On June 1, 2014, at around 01:27, the Defendant driven CSP car in the state of under the influence of alcohol of 0.186% without a car driver’s license from approximately 6 km to around 510, Gyeyang-gu, Sincheon-gu, Sincheon-gu, Samcheon-gu, Incheon to the front of 510 B apartment-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that there are reflectors and family members to be supported);

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;