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(영문) 인천지방법원 부천지원 2013.11.28 2013고단3023

도로교통법위반(무면허운전)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 26, 2007, the Defendant was notified of a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Incheon District Court's Incheon District Court's on February 15, 2013, and was notified of a summary order of KRW 5 million due to a crime of violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch Branch on February 15, 2013. On October 8, 2013, the Defendant was driving a motor vehicle of KRW 0.179% under the influence of alcohol concentration at approximately 4km from the 4km section prior to the Busan District Court's Busan District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Branch on October 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and inquiry into driver's licenses

1. Records before judgment: Application of criminal records, etc., written inquiry and written summary order-related 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. Imprisonment with prison labor for choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;