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(영문) 인천지방법원 2015.01.14 2014고단8291
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant of "2014 Highest 8291", on October 30, 2014, while under the influence of alcohol 0.094% of blood alcohol concentration without obtaining a driver's license on October 23, 2014, the Defendant driven B physical-person car volume at the section of approximately 200 meters from the front of the 503 west-gu Incheon Southern-ro to the front of the roads of the 448 East Asian ambridge in Incheon Bupyeong-gu.

On August 16, 2014, at around 22:47, the Defendant operated a B-man car without a driver’s license in the state of alcohol alcohol concentration of approximately 0.171% in the section of about 200 meters, from the front side of the new Korean apartment in front of the 259-gil-ro, Nam-gu, Incheon Metropolitan City, to the front side of the Swiss Industrial Complex, which is about 452, from 200 meters in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control, driving license inquiry, notification on the results of the drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on October 30, 2014), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on August 16, 2014), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that the suspension of execution is inconsistent with each other and the occurrence of an accident has not occurred);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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