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(영문) 인천지방법원 2014.09.04 2014고단4858
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 19, 2010, the Defendant issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Incheon District Court on August 19, 201, a summary order of 1.5 million won by the same court on December 31, 2010, and a summary order of 5 million won by the same court on January 4, 2013.

On June 19, 2014, at around 07:39, the Defendant driven B rocketing car under the influence of alcohol content of about 0.146% without a driver’s license from the front side of the side of the Bupyeong-gu Incheon Bupyeong-gu apartment complex, which is located in 144, Bupyeong-gu, Incheon, to the front side of the city of Bupyeong-gu, Incheon to the front side of the city of Bupyeong-gu, 296.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the circumstances of driving without a license and written statement on driver’s license;

1. Records before judgment: Criminal records, etc., inquiry reports and application of 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 (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, two years of probation, community service, 80 hours in community service, and 40 hours in the course of suspension of the execution of the order to attend a lecture [fluoring circumstances] or more (fluoring circumstances] is discovered due to diving on the road surface while driving on the road and the instant case from 2010 to 4 times due to drunk driving, and the order to attend a lecture is discovered on May 201

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