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(영문) 인천지방법원 2016.08.10 2016고단2992
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 history] On September 23, 2015, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act (drinking) and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Incheon District Court on November 9, 2015.

[2] On May 1, 2016, the Defendant was driving a BMW 320i car under the influence of alcohol content 0.063% while under the influence of alcohol content 0.063% in blood, without obtaining a driver’s license, from the front of 587 on the road in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to the 253 Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry into the results of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reporting (criminal history);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 20

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

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

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