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(영문) 인천지방법원 2015.04.29 2015고단1057

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

On February 5, 2009, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Incheon District Court on April 16, 2009, and the above summary order became final and conclusive on April 16, 2009. On January 28, 2015, the above court issued a summary order of six million won as a fine for a violation of the Road Traffic Act (driving). On February 13, 2015, the above summary order became final and conclusive.

On February 3, 2015, at around 03:30, the Defendant driven a Dpoter II cargo under the influence of alcohol content of about 0.123% without obtaining a driver's license from the section of approximately 3.8km, which is located in the direction of Earart training place located in 184, as of the same day from the front of Earart training place in Yeonsu-gu Incheon, Yeonsu-gu to the front of Earart training place located in 184.39 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the results of crackdown on drinking driving, driver's license inquiry, investigation report (to listen to slope E phone statements and attach a copy of a temporary driver's license);

1. Previous convictions indicated in judgment: Criminal history records, repeated statements (A), reports on results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (Attachment of 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;

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;