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(영문) 인천지방법원 2014.09.03 2014고단4691
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

【Criminal Power】 On May 1, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 1.5 million for the same crime at the same court on March 7, 2013, respectively.

【Criminal Facts】 On June 3, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.132% without obtaining a driver’s license on June 3, 2014, and driving C SP car at approximately 100 meters from the road front of the GS convenience store in Gyeyang-dong, Incheon Gyeyang-gu to the front road of the building B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that reflects that a person will not drive a motor vehicle while selling his/her motor vehicle; there is no penalty force exceeding the fine; and the distance of driving

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

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