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(영문) 인천지방법원 부천지원 2015.12.07 2015고단3167
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 20, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Incheon District Court's Busan District Court's Branch on January 3, 2008, a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the same court on January 3, 2008, and a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on July 21, 2008, and on September 23, 2013, a summary order of KRW 7 million was issued by the same court on September 23, 2013, respectively.

【Criminal Facts】

On October 27, 2015, at around 00:05, the Defendant driven B rocketing car with a blood alcohol content of 0.148% under the influence of alcohol without obtaining a driver’s license from the front road of the “Saeminae,” located in the Saemin Ri of the High Village of Kimpo-si, Kimpo-si, Kimpo-si, to the front road of the “Saemin,” Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous record: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a summary order of the same kind of power);

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

5. The sentence shall be determined as per the order, in consideration of the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act reflects in depth the error and that there is only the previous conviction of the fine, etc.

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