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(영문) 인천지방법원 2014.05.28 2014고단2656
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

[criminal power] On August 3, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on December 27, 2013, respectively.

【Criminal Facts】

On March 14, 2014, at around 22:50, the Defendant, without a car driver’s license, driven B-5 car under the influence of alcohol content of about 50 meters from the second floor parking lot of “shinium building” located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the 130th following road of “The National Maritime Police Agency” located in 69 (Songdo-dong) to the 130th floor of “Korea Coast Guard”.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous convictions in judgment: Application of the Act and subordinate statutes concerning criminal records and 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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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