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(영문) 인천지방법원 2013.09.12 2013고단3399
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 March 29, 2010, the Defendant was issued a summary order of 500,000 won by a fine for a violation of the Road Traffic Act at the Changwon District Court on March 29, 201, at the Incheon District Court on January 14, 2011, a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act, etc., and on June 27, 201, at the same court on June 27, 201, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a crime such as a violation of the Road Traffic Act (driving) and was sentenced to a punishment of 2 or more times for a drunk driving.

around 00:55 on June 18, 2013, the Defendant, who was punished twice or more due to drunk driving, driven a B rocketing car with a blood alcohol content of about 0.129% under the influence of alcohol without a car driver’s license from around 3km-gu Incheon Nam-gu to the front road located in the Seoul Southern-gu Incheon Metropolitan City Drawing.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes for inquiry into criminal records;

1. Relevant statutory driving for a crime: Points of driving without a license under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 (Punishment for a violation of the Road Traffic Act due to a more severe punishment)

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 suspended execution.

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

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