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(영문) 인천지방법원 2014.10.02 2014고단5619

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On August 9, 2004, the Defendant issued a summary order of KRW 1.5 million to the Incheon District Court for a crime of violation of the Road Traffic Act; on December 26, 2005, a summary order of KRW 1.5 million to a fine of KRW 1.5 million to the same crime; on September 27, 201, the same court issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million to the same crime; on May 16, 2012, the same court issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million to the same crime; and on January 11, 2013, the same court issued a summary order of KRW 1.5 million to the same crime; and on January 6, 2014, the same court issued a summary order of KRW 5 million to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 2, 2014, at around 11:50, the Defendant driven B emulter cargo under the influence of alcohol concentration of about 0.123% without obtaining a driver's license at a section of about 50 meters from 50 meters from 5 days before the forest of Gyeyang-gu Incheon Metropolitan City to 50 meters before a single-fluoring road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, records of the crackdown on drinking driving, records of the crackdown on drinking driving, and photographs by cutting down a black stuff image;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports and investigation reports (a suspect's confirmation report on the same kind of power);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. The circumstances in which the sentence of sentence is favorable; and