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(영문) 인천지방법원 2015.07.02 2015고단2571
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

[criminal power] On February 21, 2014, the Defendant received a fine of KRW 1.5 million from the Incheon District Court as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the same court on November 7 of the same year as the same crime.

【Criminal Facts】

On May 17, 2015, at around 00:30, the Defendant driven a B-low vehicle under the influence of alcohol content of about 0.155% without obtaining a driver's license from the section of approximately 300 meters from the front of a mutual influent main station in the Southern-gu Incheon Metropolitan City, to the Hansung traffic front road located in 166, the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The Round license and the next registered inquiry;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes to investigation reports (verification of the records of the same kind of drinking);

1. Relevant provisions of Article 148-2 (2) 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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