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(영문) 인천지방법원 부천지원 2014.09.12 2014고단1629

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 May 4, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) from the Busan District Court's Busan District Court's Branch on July 30, 2008, a fine of three million won for a violation of the Road Traffic Act (driving) from the Incheon District Court's Branch on July 30, 2008, and a fine of seven million won for a violation of the Road Traffic Act (driving) from the Seoul Southern District Court's Branch on September 12, 2013.

Around 00:40 on April 27, 2014, the Defendant, without a car driver’s license, driven B rocketing car at approximately 100 meters from the day before the influence of the blood alcohol content of 0.144%, to the same route from the day before the influence of the influence of the influent City, Seocheon-si to the day before the influence of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving with a driving without a license, and written statement of driver’s license;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

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

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;