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(영문) 인천지방법원 2014.06.02 2014고단2225
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 of the final judgment.

Reasons

Punishment of the crime

On January 13, 2012, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch, and a fine of 4 million won as a crime of violating the Road Traffic Act in the Gyeyang Branch on December 12, 2013, respectively.

At around 08:00 on February 4, 2014, the Defendant, without obtaining a driver’s license, driven a B-learning car at the section of approximately 1 km from the Do in front of the details of transmission located in the Gyeonggi Seocheon-gu Seoul Metropolitan City, Bupyeong-gu, Incheon, to the road of approximately 8.8 km in the direction of driving.8km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving at home, and electronic documents to report on the state of standing of a driver at home;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation into criminal records;

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;

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 six months, a stay of execution for two years, a stay of execution for a compliance driving lecture for 40 hours (short circumstances) or more, and a serious reflective driving (short circumstances) for a short period of time;

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