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(영문) 인천지방법원 부천지원 2015.11.06 2015고단2649
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 25, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Incheon District Court and KRW 4 million as a fine in the same court on June 2, 2015.

【Criminal Facts】

On October 16, 2015, at around 01:21, the Defendant driven a B-benz car with approximately 250 meters alcohol concentration of about 0.131% without a vehicle driver’s license from the section of approximately 250 meters from the roads of the same route to the roads of the same route.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and report on the state of drinking driving;

1. Report on the situation of operation without a license;

1. Making inquiries into the license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Social Service are as follows: (a) disadvantageous circumstances, such as the fact that the Defendant cannot be deemed to be under the influence of alcohol, the fact that there are several times of records of punishment for drunk driving, the confession of crimes and the violation of the law; and (b) favorable circumstances such as the fact that the distance of driving without a license for drinking is not long; and (c) sentencing conditions stipulated under

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