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(영문) 인천지방법원 부천지원 2018.08.09 2018고단1200
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 history] On December 27, 2007, the Defendant issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 7, 2008, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking) at the support of the Suwon Friju Friwon, on November 19, 201, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking) at the Seoul Central District Court on May 11, 201, and a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (drinking) at the Seoul Central District Court on July 11, 2016.

[2] The Defendant: (a) committed two or more violations of Article 44(1) of the Road Traffic Act on March 17, 2018; (b) operated Benz E20 automobiles under the influence of alcohol with approximately 0.120% alcohol concentration in blood without a driver’s license on the section of approximately 500 meters from the road near 115, Seocheon-si, 201 to the road south 72, both of which are south-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, statement of the situation of the driver of drinking, report on the situation of driving of drinking, report on the driving without a license, and the register of driver's licenses

1. Criminal records as stated in the judgment: References to inquiries, such as criminal history, investigation reports (verification of the same criminal records as the suspect), and application of summary orders and statutes;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason for sentencing under Article 62-2 of the Criminal Act on the observation of community service order and protection, was punished five times by a fine as stated in the judgment of the court, as well as the punishment.

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