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(영문) 인천지방법원 2013.03.14 2013고단429

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 March 21, 2008, the Defendant was sentenced to a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court on March 21, 2008, and a fine of KRW 5 million for a crime of violation of the Road Traffic Act in the Daejeon District Court on June 18, 2012.

Criminal facts

Although the Defendant had been punished twice or more as above, around January 3, 2013, at around 17:20, the Defendant driven a B rocketing car without a driver’s license in a section of about 300 meters from the public parking lot located in 1030-6, Seo-gu, Incheon, Seo-gu to the front day of the public parking lot located in the same 1029-1, while under the influence of alcohol content 0.152%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements, circumstantial reports, reports on the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, and investigation reports (demark);

1. The driver's license ledger;

1. Previous records: Application of inquiry reports and investigation reports on criminal records, etc. (attached to the previous records and summary orders);

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Concurrent concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that no accident has occurred);

1. Suspension of execution: It shall be decided as per the disposition for not less than the reasons under Article 62 (1) of the Criminal Act (i.e., the point where the error is reflected in addition to the above circumstances);