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(영문) 인천지방법원 2015.11.05 2015고단4557
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 25, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in an Ansan Branch of the Suwon District Court on September 25, 2008, and was issued a summary order of KRW 4 million with the same crime at the Incheon District Court on October 27, 201 and was issued two or more times for drinking driving.

On July 16, 2015, at around 01:35, the Defendant driven Bone Star Motor Vehicle with a blood alcohol content of about 0.209% under the influence of alcohol without obtaining a driver's license from a section of about 100 meters from the roads near the development area of Yongsan-dong, Incheon Metropolitan City to the roads of 104 Sung-dong, Nowon-gu, Seoul Metropolitan City, Slick-dong, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the state of driving without a license, and driver’s license;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a) and 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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