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(영문) 인천지방법원 2015.01.05 2014고단6621

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 of the final judgment.

Reasons

Punishment of the crime

On May 13, 2013, the Defendant was sentenced to a fine of three million won for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Driving without a license) at the Seoul Southern District Court on May 13, 2013. On April 10, 2013, the Defendant was sentenced to a fine of four million won for the violation of the Road Traffic Act (driving) and the same criminal power is four times.

On September 13, 2014, at around 01:09, the Defendant driven a B-house without a car driver's license in the state of under the influence of alcohol concentration of approximately 0.058% from around 500 meters from the nearest road of Gyeyang-gu Incheon Gyeyang-gu, Incheon Metropolitan City to the front road of the 97 new Jin apartment in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, 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 on orders to provide community service and attend 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. Determination of sentence: Imprisonment with prison labor for not less than eight months, suspension of execution of two years, community service, 80 hours, 40 hours a stay of execution of not less than 40 hours a fine for a crime subject to a stay of execution (unffortuous circumstances) and repeated drinking or non-licensed driving;