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(영문) 인천지방법원 2015.05.27 2015고단1021
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 October 16, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Busan District Court’s Busan District Court’s Branch Branch on October 16, 2008. On August 29, 2012, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on August 29, 2012. On January 24, 2015, the Defendant was driving a 300-meter car under the influence of 00 meters from the upper end of the f300-meter, Namdong-dong, Incheon Metropolitan City, Seodong-dong, Incheon, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the drinking driving control and the driver's license register;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

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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