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(영문) 인천지방법원 2016.10.05 2016고단4625

도로교통법위반(음주운전)등

Text

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

[criminal power] On October 28, 2008, the Defendant was sentenced to a fine of KRW 5 million by the Incheon District Court for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving) and a fine of KRW 8 million by the same court on February 5, 2016, respectively.

【Criminal Facts】

On March 18, 2016, the Defendant, without obtaining a driver’s license at around 07:50 on March 18, 2016, driven a 31 ton string truck with 200 meters volume C1 ton from the front of Incheon-gun B, Incheon-gun, with the influence of alcohol content of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the status of drivers, and license register;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports on criminal records, records on previous records of disposition, records on confirmation of past records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2012);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;