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(영문) 인천지방법원 2014.06.26 2014고단3102
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 of the final judgment.

Reasons

Punishment of the crime

On July 28, 2009, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch on July 28, 2009, and was sentenced to a fine of five million won for the crime of violating the Road Traffic Act at the Incheon District Court’s Incheon District Court on April 24, 2014.

On April 18, 2014, at around 07:00, the Defendant driven a B-car car without obtaining a driver's license in the state of alcohol alcohol concentration of 0.117%, from a French place (hereinafter referred to as the “Seodong-dong, Incheon Metropolitan City”) to the vicinity of the 409-ro, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (attached to judgments, etc.), and investigation reports;

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

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 eight months, a stay of two years, and an order to attend a lecture for 40 hours [Lied circumstances] or more of suspension of execution (unfavorable circumstances]; the defendant's repetition of drinking within a short period; the defendant's collisions over the central line by driving a vehicle; the detection of the case became possible; the police officer dispatched did not have an agent for the police officer dispatched; the police officer did not drink alcohol and did not drive the urology; and the certificate of urology is a certificate of urology.

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