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(영문) 인천지방법원 2015.09.17 2015고단4485
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 January 5, 2015, the Defendant issued a summary order of KRW 1.5 million at the Incheon District Court to a fine for a violation of the Road Traffic Act, and on June 2, 2015, a summary order of KRW 2 million at the same court as a fine for the same crime, respectively, and the record of the violation of the Road Traffic Act (driving) is two times or more.

【Criminal Facts】

On June 24, 2015, at around 00:01, the Defendant was driving a vehicle under the influence of alcohol concentration of 0.091% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from the front side of the city in Seo-gu Incheon, Seo-gu, Incheon to the front side of the Gamaro 93-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the status of driving under the influence of alcohol;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, reports on results of confirmation of the previous disposition, investigation reports), suspects twice or more;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that it reflects the depth of criminal conduct and that it has no record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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