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(영문) 인천지방법원 2013.05.22 2013고단1703
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On October 26, 2007, the Defendant issued a summary order of KRW 1.5 million by the Incheon District Court for a violation of the Road Traffic Act, and on October 22, 2008, the Defendant issued a summary order of KRW 5 million by the same court on October 22, 2008 for a violation of the Road Traffic Act, etc., and on December 24, 2009, the Defendant issued a summary order of KRW 4 million by the same court on December 24, 2009 for a violation of the Road Traffic Act, etc., and on January 21, 2013, the Defendant issued a summary order of KRW 7 million by the same court on January 21, 2013.

【Criminal Facts】 On March 4, 2013, at around 22:45, the Defendant driven Bsch Rexton vehicles under the influence of alcohol concentration of about 0.064% without a driver’s license at the 1km section of approximately 1km from the old Station in Guro-gu Seoul Metropolitan Government to the front road of about 600, Dong-dong, Guro-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Do1

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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