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(영문) 인천지방법원 부천지원 2014.10.29 2014고단2267
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2007, the Defendant issued, at the Incheon District Court, a summary order of KRW 3 million for the crime of violation of the Road Traffic Act, and on June 14, 2013, a summary order of KRW 3 million for the same crime from the vice branch of the Incheon District Court.

On August 24, 2014, at around 22:10, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.087% without obtaining a driver’s license from the Do in front of the Chinese house to the road before the same day from the 22:20-20 day from the Do in front of the Sinpo-si Si Seopo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former and previous records), and copies of each 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Considering circumstances, such as confessions and reflects, and absence of any past record of punishment exceeding a fine);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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