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(영문) 인천지방법원 2014.07.16 2013고단8028
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant, around 00:25, 2013, driven a B-te-te-te-te-te-te-te-te-te-car without a driver’s license, under the influence of alcohol content of about 15km from the roads near the Online of On-Road of Incheon, Incheon, to the roads front of the Gangwon-si, Kimpo-si.

Around 01:00 on April 20, 2014, the Defendant, “2014 Highest 3852”, the Defendant: (a) discovered a knicking vehicle owned by the Defendant, which was parked at the victim E, and driven a knife and drive a knife of a knife in which the repair cost was not paid; and (b) was not returned due to the failure to pay the repair cost; and (c) applied the knife to the vehicle owned by the Defendant, which was parked there.

around 23:43 on December 25, 2013, the Defendant driven approximately 15km on the road front of the Seodaemun-si, Incheon, where crew members of the Seopo-si, with the vehicle without the vehicle driver's license, while under the influence of alcohol with the blood alcohol concentration of 0.178%.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure record and list;

1. Application of Acts and subordinate statutes to an inquiry into the results of the control of drinking driving, a report on proper driving of a drinking driver, the register of driver's licenses, and copies of occurrence cases;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on November 8, 2013), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on December 25, 2013), subparagraph 1 of Article 152 of the Road Traffic Act, Article 153 of the Road Traffic Act (the point of driving without the license), Article 329 of the Criminal Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of recommendations;

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