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(영문) 인천지방법원 2012.09.17 2012고단8933
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 May 21, 2009, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and on September 11, 2008, the same court was sentenced to a suspended sentence of imprisonment for 6 months for a violation of the Road Traffic Act (driving) and the same criminal records are six times.

1. On July 8, 2012, the Defendant: (a) around 23:00, while under the influence of alcohol of 0.060%, the Defendant was under the influence of 0.060%, without obtaining a driver’s license for a section of about 10km from the street of the bathing beach of the Jung-gu Incheon, Jung-gu, Incheon, to the direction-setting for the transmission direction of the Incheon Seodon-dong from the street of the bathing beach of the Incheon, Jung-gu to the front on the road of the

2. On July 31, 2012, at around 08:00, the Defendant driven a car listed in paragraph 1 without obtaining a driver’s license from a section of about 100 meters from the front of the waterpo apartment in the Southern-gu Incheon Metropolitan Council to the front road of the sublime elementary school located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses for tea and cars;

1. Reporting on the detection of any suspected violation of the Road Traffic Act (license for drinking and without a license), notification of the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act referred to in paragraph (1) at the time of marketing and the crimes of violation of the Road Traffic Act).

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the Defendant has been subject to a fine not exceeding four times due to drinking or unlicensed driving since 2001, but has been subject to suspended execution and two times due to suspended execution.

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