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(영문) 인천지방법원 2015.07.15 2015고단3101
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 February 23, 2007, at the Seoul Eastern District Court, the Defendant issued a fine of two million won for a violation of the Road Traffic Act (driving) and a summary order of three million won for the same crime at the Incheon District Court on August 31, 2012.

【Criminal Facts】

On May 25, 2015, the Defendant, without obtaining a driver’s license at around 00:20 on May 25, 2015, driven CM5 cars from around 500 meters of 126 meters of alcohol to around 130 amblingia in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver and the register of driver's licenses (Evidence No. 48 pages of the evidence);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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