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(영문) 인천지방법원 부천지원 2014.10.07 2014고단1922
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 October 2, 2013, at the Incheon District Court, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 20, 2014; on March 20, 2014, the Defendant was sentenced to a summary order of three million won for a violation of the Road Traffic Act (driving). On July 16, 2014, the Defendant was sentenced to imprisonment of eight months for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Vice Branch Branch, which was sentenced to two years for a suspended sentence on July 24, 2014, and the judgment became final and conclusive and conclusive on July 24, 2014.

On June 13, 2014, at around 23:40, the Defendant driven a DNA car with a blood alcohol content of about 0.084% while under the influence of alcohol without obtaining a driver's license from the section of about 100 meters from the section of about 100 meters, 265 No. 17, as it was transmitted within the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current state of driving without a license, and report on the current state of driving without a license;

1. Inquiry into the enemy;

1. A driver's license inquiry;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, investigation reports, and investigation reports (Attachment to those of the same kind of suspect), and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act concerning criminal facts;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc. is only a number of times the defendant has been punished for the same kind of crime, and in particular, it is necessary to strictly punish the defendant in light of the good quality of the crime, such as committing again the crime of this case while being tried for the same kind of crime.

However, the Criminal Act.

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