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(영문) 인천지방법원 부천지원 2015.04.30 2015고단637
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 June 12, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million, to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court on August 3, 2010, to a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court on June 17, 2014, and to a summary order of KRW 5 million from the Incheon District Court’s subsidiary branch of the Incheon District Court on June 17, 2014, respectively.

【Criminal Facts】

At around 02:29 on March 8, 2015, the Defendant, without a driver’s license, driven a vehicle of approximately 1.4 km B Aphn-hurd-hurd-purd-purd-purd-pured-pured-pured-pured-purd-ro, Nowon-gu, Gyeonggi-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking driving control and license register;

1. Previous records: Application of inquiry letter, investigation report (verification of past records on the same kind of punishment and attachment of summary order), such as criminal records;

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 above in light of the following: (a) the reason for the suspended sentence under Article 62(1) of the Criminal Act, despite the fact that the defendant had been sentenced to punishment for the same kind of crime; (b) the fact that the defendant had been sentenced to punishment for the same crime; (c) the fact that the defendant has been sentenced to

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