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(영문) 인천지방법원 2016.01.21 2015고단6917
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal experience] On October 31, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Incheon District Court, and on March 28, 2014, the Defendant was issued a summary order of KRW 5 million for the same crime as a fine in the support for the development of the source of water sources.

[2] The Defendant, without obtaining a driver’s license on October 19, 2015, driven C truck at approximately 150 meters from the front of Incheon Gyeyang apartment to the front road of the Transport Training Institute located in 990, under the influence of alcohol content 0.079%, without obtaining a driver’s license on October 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (Attachment to a summary order attached to the same type of crime);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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