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(영문) 인천지방법원 2015.01.14 2014고단8066

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 October 12, 2014, the Defendant 2014 Highest 8066, the Defendant driven a C presson vehicle in the section of about 10km from the front side of the Nam-gu Incheon Namdong Newdong Apartment to the road of about 0.058% of blood alcohol concentration without obtaining a driver's license on October 12, 2014.

around 05:45 on December 8, 2014, the Defendant driven a Crdon Cargo at approximately 3 km from the 248-7-ro, Nam-gu, Incheon, the Southern-gu, the 40-7-ro, the Southern-gu, Seoul, the main road of which is 92, to the 92-ro, the Nam-gu, the Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the current state of drivers, the ledger of driver's licenses, and reports on internal accidents;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the nature of the suspension of execution, the fact that there is no heavy penalty power exceeding the fine, and the fact that the blood alcohol concentration is relatively high);

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