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(영문) 인천지방법원 부천지원 2013.10.17 2013고단2713
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2008, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Seoul Southern District Court's Branch on December 4, 2008, a fine of KRW 3 million for a violation of the Road Traffic Act (driving). On August 26, 2010, from the Incheon District Court's Branch Branch of the Incheon District Court, the Defendant was sentenced to two years of suspended sentence for six months for a violation of the Road Traffic Act (licenseless). From around 21:30 on August 6, 2013 to around 0:56 on August 7, 2013, the Defendant was sentenced to two years of suspended sentence for a violation of the Road Traffic Act. From around 21:30 on August 21, 2013 to around 0:56, without a driver's license for a motor vehicle with a blood alcohol concentration of KRW 0.165%, from around 10-4,000-3.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on detection of drivers, report on the circumstantial statements of drivers, report on the circumstances of running a motor vehicle, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (applicable to the same type of power and reports accompanied by summary orders);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Imprisonment with prison labor for choice of punishment;

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

1. Probation, taking lectures or community service orders under Article 62-2 of the Criminal Act;

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