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(영문) 인천지방법원 2016.12.07 2016고단6482

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 January 26, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and on March 15, 2012, a summary order of KRW 7 million was issued in the same court as the same crime.

【Criminal Facts】

On August 24, 2016, at around 21:40, the Defendant, on the road of Gyeyang-gu, Incheon Gyeyang-gu to the 4th unit of the calculated vehicle in Gyeyang-gu, Incheon, Gyeyang-gu, the Defendant driven B, under the influence of alcohol concentration of about 0.130% without the driver’s license, while driving B, under the influence of alcohol concentration of about 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. A previous conviction in judgment: An inquiry letter and the application of Acts and subordinate statutes of a criminal investigation report (Attachment to a summary order);

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 ( Taking into account that there exists no record of punishment heavier than imprisonment without prison labor for the same kind of crime);

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;