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(영문) 인천지방법원 부천지원 2014.12.10 2014고단2198

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

[Majority Power] On August 12, 2008, the Defendant issued a summary order of KRW 1.5 million at the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on July 2, 2012, the Incheon District Court issued a summary order of KRW 6 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 01:20 on August 14, 2014, the Defendant driven B QM5 vehicle under the influence of alcohol concentration of 0.195% without a vehicle driver’s license on the road along the roads of the Nowon-gu, Seocheon-gu, Seocheon-gu, 2014.

2. Around August 14, 2014, at the D Emergency Hospital in Bupyeong-gu, Seocheon-gu, Seocheon-si, the Defendant: (a) 02:27, 2014; (b) controlled the Defendant’s blood sampling by drinking driving as set forth in the preceding paragraph; and (c) provided that “The result” from the victim E, a police officer controlling the Defendant, “I am out of the country and water,” “I am out from the country and water, I am out that I am out of the emergency room,” while there are nurses and patients in the emergency room, I saw the victim “I am out of the victim, I am out of the emergency room, I am son, and I am dead.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. A complaint;

1. A report on the start-up of a driver, a statement on the start-up status of a driver, and a report on the start-up status of a driver;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. A written appraisal of blood alcohol concentration;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act, and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;