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(영문) 인천지방법원 2014.04.16 2014고단1327
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 December 13, 2013, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (free license). On February 16, 201, the Incheon District Court issued a summary order of KRW 2,00,000 as a penalty of violation of the Road Traffic Act (free license) and a violation of the Road Traffic Act (free license).

【Criminal Facts】

On February 8, 2014, the Defendant, while under the influence of alcohol with 0.235% of blood alcohol content around 20:0, driving a B knife vehicle at a section of approximately 300 meters from the front day of “Seoul Jung-gu, Jung-gu, Incheon, without a driver’s license, on the front day of “Grain Fishery Distribution” located in the port-dong 7, Jung-gu, Incheon to the front day of “Grain Fishery Distribution

Summary of Evidence

1. Defendant's legal statement;

1. The written request for appraisal, the written report on blood alcohol, the resident inquiry, etc.;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, the fact that there is no penalty power exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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