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(영문) 인천지방법원 2014.11.06 2014고단5968
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On March 13, 2008, the Defendant issued a summary order of KRW 2 million at the Incheon District Court as a crime of violation of the Road Traffic Act (driving). On August 11, 2010, the Incheon District Court issued a summary order of KRW 7 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and a violation of the Road Traffic Act (driving Vehicle). On June 19, 2013, the Defendant had a record of being issued a summary order of KRW 1.5 million by the Incheon District Court on June 19, 2013.

In addition, on May 14, 2014, the defendant was sentenced to imprisonment for eight months at the Incheon District Court for fraud, and the above judgment is the same year.

9. 20. Finality was finalized.

【Criminal Facts】

On July 18, 2014, at around 22:05, the Defendant driven CM5 car with a blood alcohol concentration of 0.241% under the influence of alcohol without a car driver’s license from approximately one kilometer from the roads near the Yeonsu-gu Incheon Yeonsu-gu Incheon Metropolitan City, to the roads front of the same Gu Chuncheon-dong from the roads.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving a drinking alcohol, inquiry into the results of crackdown on driving a drinking alcohol, notification on the results of crackdown on driving a drinking alcohol, and report on the circumstantial statement of a drinking driver;

1. An inquiry report on driver's license and a report on the situation of driving without license;

1. Previous record: Application of Acts and subordinate statutes to a reply to criminal records, a reply, and a report on the results of confirmation (Attachment to a copy of summary order);

1. Relevant provisions of Article 148-2 (2) 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. The punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act, which requires more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

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