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(영문) 인천지방법원 2014.04.16 2014고단979
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

[criminal power] On July 18, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on June 20, 201, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act was issued, respectively.

【Criminal Facts】

On November 20, 2013, at around 04:52, the Defendant driven a B low-speed car with a blood alcohol content of at least 0.117% under the influence of alcohol without obtaining a driver’s license from a public parking lot located in the operation Dong of Gyeyang-gu Incheon, Incheon to around 04:55 on the same day from around 300 to the front road of the Samsung Samsung Motor Vehicle Maintenance Station.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the ledger of driver's licenses, etc.;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

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

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