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(영문) 인천지방법원 부천지원 2015.05.22 2015고단756

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court on February 25, 2008, a summary order of KRW 700,000 for a fine for the same crime in the same court on February 28, 2008, and a summary order of KRW 5 million for the same crime from the vice branch of the Incheon District Court on December 2, 2013, respectively.

Criminal facts

On March 16, 2015, at around 22:45, the Defendant driven a B rocketing car with a blood alcohol level of 0.140 percent under the influence of alcohol without obtaining a driver’s license from the front side of the OBS Broadcasting Station located in the OBS in the OBS Station in the OBS Sincheon-gu, Sincheon-si to the front side of the automobile trading complex located in the Orcheon-si, Sincheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the situation of driving without a license, report on the circumstantial statement of a drinking driver, report on the situation of driving without a license, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is discovered when driving under drinking again even though the defendant could have shown the same kind of force as the defendant, and taking into account the defendant's drinking water level, etc., it is deemed that the crime is inferior. However, it is judged as ordered by taking into account all the sentencing conditions, such as the drinking driving distance, the defendant's age, character and behavior, and the