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(영문) 인천지방법원 부천지원 2017.04.27 2016고단3378
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2014, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime at the Seoul Central District Court on November 24, 2016.

On December 13, 2016, at around 23:06, the Defendant driven a CMFW car without a driver's license, while under the influence of alcohol content of about 0.124% in the 300-distance section from the roads 19-45 prior to the same city road from the Do located in the Dong-dong, Seocheon-si, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol (list 1), and the ledger of driver's licenses for motor vehicles (list 6);

1. Previous convictions: Application of the Act and subordinate statutes, such as inquiry about criminal history (8) and summary order (12);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (No person shall be convicted of confession, reflect, or have yet to be convicted of suspended sentence);

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses

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