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(영문) 인천지방법원 2013.07.11 2013고단1721
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 13, 2009, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Incheon District Court on November 13, 2009, and the same type of criminal records, including being sentenced to a fine of 6 million won by the same court on June 13, 2012, are several times.

On March 23, 2013, the Defendant, who was punished twice or more due to drunk driving, driven a motorcycle B 124cc-si, without obtaining a motorcycle driver's license, in approximately 1.5km from the road of 351-7, Nam-gu, Incheon Metropolitan City, to the history of the Gu citizen center located in the same Gu harbor, from the road of 351-7 meters to the Gu citizen center located in the same Gu harbor.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant statutory driving for a crime: Point of driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Subparagraph 2 and 43 of Article 154 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2004Da1248, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution.

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