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(영문) 인천지방법원 2016.10.05 2016고단4397
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 September 8, 2009, the Defendant was issued a summary order of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court. On February 7, 2011, the Defendant was issued a summary order of a fine of three million won for the same crime at the same court on February 7, 2011, and on January 16, 201, the Defendant was sentenced to ten months of imprisonment and two years of suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the same court on the same date.

6.6 The judgment became final and conclusive.

【Criminal Facts】

On May 12, 2016, at around 01:18, the Defendant driven B rink (K) without obtaining a driver’s license in the state of alcohol alcohol concentration of about 300 meters from the front of the military radiation distance in Gyeyang-gu Incheon Metropolitan City to the front road of the "Dokdok" in the Gu Gyeyang-ro 197.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. Previous records of judgment: Criminal records, inquiry reports, confirmation of crimes during the period of suspension of execution, judgment, confirmation of drinking records, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 on the suspension of execution (Taking into account that there exists no record of punishment of imprisonment without prison labor or heavier for committing a crime without a license);

1. Probation and community service businesses under Article 62-2 of the Criminal Act;

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