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(영문) 인천지방법원 2014.09.18 2014고단5003
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 of the final judgment.

Reasons

Punishment of the crime

On September 5, 2006, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Busan Branch's Support on August 8, 2008, and sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act (driving without a license) at the Incheon District Court's Branch's Support on August 8, 2008, and sentenced to a fine of 1 million won for the crime of violation of the Road Traffic Act (driving without a license) at the Daejeon District Court's Support on November 6, 2008. The Defendant was sentenced to a fine of 2 million won for the crime of violation of the Road Traffic Act (driving without a license) at the Seoul Southern District Court's Branch on November 25, 2008, and on May 28, 2013, the Seoul Southern District Court was sentenced to a fine of 5 million won for each of the crimes of

On July 16, 2014, around 23:27, the Defendant driven B K5 car under the influence of alcohol content of 0.203% without obtaining a driver’s license from approximately 5km section from the department store in front of the department store to the road in Busan Bupyeong-gu, Busan, Seocheon-gu., the Defendant driven B K5 car under the influence of alcohol content of about 0.203%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records, investigation reports (in cases of criminal records of the same kind of suspect and attachment of judgment related thereto), investigation reports (in cases of drinking alcohol and distance specified by Acts and subordinate statutes), and application of statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of running sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 (Punishment of Punishment for Violation of the Road Traffic Act which is more severe in punishment)

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law:

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