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(영문) 인천지방법원 2015.10.21 2015고단5191
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2008, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 2 million for the crime of violation of the Road Traffic Act, and on July 15, 2008, from the Jung-gu District Court to a fine of KRW 2 million for the crime of violation of the Road Traffic Act.

On July 29, 2015, the Defendant was punished twice as a crime of violation of the Road Traffic Act (driving) and was driving a BKan-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and license register;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 (i.e., the reflection of the fact, and the fact that there is no record of punishment heavier than imprisonment without prison labor for the same kind of crime);

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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