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(영문) 인천지방법원 2015.06.18 2015고단1719

도로교통법위반(음주운전)등

Text

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 March 14, 2011, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at Ansan District Court's Ansan Branch on March 14, 201; on July 25, 2014, Incheon District Court issued a summary order of KRW 2 million for the same crime; on March 14, 2014, the same court issued a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving).

On March 30, 2015, the Defendant, “2015 Highest 1719,” without obtaining a driver’s license on a motor vehicle on March 23:35, 2015, driven Brocketing motor vehicle on the front side of the “mamper Transport” located in Seo-gu Incheon, Seo-gu, Incheon, under the influence of 0.060% alcohol concentration.

around 08:20 on April 29, 2015, the Defendant driven Bunst Motor Vehicle from approximately 4 km to about 72 km in the same Gu, from the roads near the Seonam-gu, Incheon, Seonam-dong Water Stacking Station, without a driver’s license, to the roads around 72 in the same Gu.

Summary of Evidence

"2015 Highest 1719"

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. "License Register (A) 2015 Highest 2442;

1. Defendant's legal statement;

1. "Before and after the registration ledger of driver's licenses";

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by a copy of summary order);

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; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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