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(영문) 인천지방법원 부천지원 2014.05.01 2014고단695

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 April 29, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on April 29, 2010, a fine of KRW 1.5 million for the same crime from the Suwon District Court’s Ansan Branch on February 5, 2013, and a fine of KRW 5 million for the same crime from the Incheon District Court’s Branch Branch on January 23, 2014.

On March 28, 2014, at around 23:17, the Defendant driven B A-purd-purged car without a vehicle driver’s license from approximately 150 meters away from the front road of the Orcheon-si, Orcheon-si to the 53rd road of the same Sung-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driving of a motor vehicle and a driver's license inquiry;

1. Previous records of judgment: Criminal records, etc. and the application of each written judgment and other 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;