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(영문) 인천지방법원 2015.09.17 2015고단4827
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2014, the Defendant was sentenced to a fine of 1.5 million won by a violation of the Road Traffic Act (driving) at the Incheon District Court on July 15, 2014, and a fine of 1.5 million won by a violation of the Road Traffic Act (driving) at the Incheon District Court on March 19, 2015, respectively.

On June 26, 2015, at around 02:11, the Defendant driven a B-co car under the influence of alcohol content of 0.093%, without a driver’s license, in the section of approximately 1.5km from the front of the literature tunnel, which is located in Yeonsu-gu Incheon Metropolitan City, 340, from the front of the literature and tunnel, to the transmission distance of approximately 202 and 202, according to the same Gu’s vision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the influence of drinking alcohol control, and electronic documents, such as a report on the state of drinking drivers;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that it reflects the depth of criminal conduct and that it has no record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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