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(영문) 인천지방법원 2014.05.15 2014고단972
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 of the final judgment.

Reasons

Punishment of the crime

On July 15, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court on July 15, 201, and was sentenced to a fine of three million won by the same court on November 7, 2013.

On December 16, 2013, at around 22:51, the Defendant driven B NAS car without a car driver’s license at a section of about 300 meters from the inspection distance in the Seo-gu Incheon Metropolitan Mungdong to the complete elementary school in the same Dong-dong to the front road in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (report on confirmation of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and subparagraphs 43 of Article 152 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for two years, a short term of driving distance for the defendant, and a short term of suspension of execution for a period of not less than 40 hours (unfavorable circumstances) includes a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which includes a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, in addition to the power of drinking and driving specified in all criminal facts.

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