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(영문) 인천지방법원 부천지원 2013.11.01 2013고단2668
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2013, around 00:35, the Defendant driven Bone Star Cargo under the influence of alcohol concentration of about 10 meters without obtaining a driving license from around 10 meters from the front of a restaurant where it is impossible to know the trade name in the two cities of Gyeonggi Kimpo-si to the front road of the Gyeonggi Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a circumstantial report on a drinking driver, a blood alcohol concentration appraisal report, and driver's license inquiry report;

1. Relevant provisions of Article 148-2 (2) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively taking into account all the circumstances, such as the confession of the defendant to commit the crime in this case and the fact that the defendant has no record of punishment for the same kind of crime);

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

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