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(영문) 인천지방법원 2013.06.20 2013고단991
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2013, at around 11:05, the Defendant driven a G K5 vehicle while under the influence of alcohol content of 0.152% without a car driver's license at a section of about 300 meters from the front side of the Incheon Container Terminal located in 82-1, to the front side of the coast of the Jung-gu Incheon Jung-gu 58-25, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

1. Relevant statutory driving for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that driving without a license or license does not lead to a traffic accident, and the fact that there exist no other criminal records in addition to the crime of violating the Road Traffic Act due to drinking or without license for the last ten years);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds for discretionary mitigation);

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