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(영문) 인천지방법원 2015.06.24 2015고단976
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

The defendant, at the Incheon District Court on April 10, 201, is punished by a fine not exceeding 1.5 million won for a violation of the Road Traffic Act (driving) on April 10, 2014;

5. A summary order of a fine of five million won or more has been issued for a violation of the Road Traffic Act;

On February 22, 2015, without obtaining a driver's license at around 00:57, the Defendant driven a 300-meter horse car in the name of the Defendant’s c horse set in the name of the Defendant under the influence of 0.105% of blood alcohol content, from the street in front of the station located in the territory of the Southern-gu Incheon Metropolitan City, to the front of the JC Center located in 37 as the same week.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, driver's licenses, and making an inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and investigation reports (Attachment, etc. of summary orders related to the same kind of power of a suspect);

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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