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(영문) 인천지방법원 2015.10.07 2015고단4778
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 June 17, 2011, the Defendant received a summary order of KRW 4 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on June 23, 2014 to a fine of KRW 5 million due to the same crime, etc.

On July 2, 2015, at around 04:40, the Defendant driven a balp car with a blood alcohol content of 0.171% under the influence of alcohol without obtaining a driving license from approximately 5 K meters in the direction of the airport of the Incheon Balp Highway in Yeonsu-gu Incheon Metropolitan City, from the neighboring roads of the Southern-dong Industrial Complex, to the roads of 16 km away from the direction of the airport of the Incheon Balp Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of driving under drinking, and the driver's license inquiry;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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