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(영문) 인천지방법원 2014.12.24 2014고단4999
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

On November 7, 2013, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and on February 24, 2014, from the Incheon District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving).

On July 12, 2014, at around 03:40, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.206% without obtaining a driver’s license from the section of approximately 2.8km in the 295-13, Jung-gu, Incheon, Jung-gu, Incheon, from the front 23-1, 03:50 on the same day, to the lower day of the HM5 car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (suspects' previous records and attachment of written judgments);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

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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