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(영문) 인천지방법원 2014.10.13 2014고단6131
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 May 9, 2014, the Defendant issued, at the Incheon District Court, a summary order of a fine of three million won for the crime of violation of the Road Traffic Act, and on August 4, 2014, the same court issued a summary order of five million won for the crime of violation of the Road Traffic Act.

On August 17, 2014, at around 00:36, the Defendant driven C 130 vehicles under the influence of alcohol with a blood alcohol concentration of about 0.20% without obtaining a driver's license from the front side of the Rig-gu, Incheon Metropolitan City, Seodong-gu to the neighboring road of about 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and circumstantial statement of the drinking driver;

1. Report on the circumstances of driving without a license and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Management and inquiry records of the reports on his/her primary inquiry, criminal records, records of his/her previous disposition, reports on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes to investigation reports (the confirmation of

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe 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 extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for not less than ten months, two years of probation, 40 hours of order to attend a lecture [free circumstances], the fact that there is no criminal record over a stay of execution or more, the fact that it appears to have been against detention for a considerable period of time, and the social and family ties clearly (unfavorable circumstances) are carried out repeatedly for a short time;

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