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(영문) 인천지방법원 부천지원 2015.08.28 2015고단622
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 18, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in Seoul Southern District Court on October 10, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On September 8, 2010, the Defendant was sentenced to a fine of 1.5 million won or more for a violation of the Road Traffic Act in the Incheon District Court's Vice-Support on September 8, 2010.

1. On January 28, 2015, from around 04:50 to around 05:10 on the same day, the Defendant driven a B low-speed car from the front side of the Seocheon-gu Seoul Special Metropolitan City Mental Community Center to the front day of the house cryp of the Seocheon-si So-gu So-gu So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called Do

2. Around 09:00 on January 28, 2015, the Defendant violated the Road Traffic Act (free license) driving of the said vehicle from the front day of the frequency to the front day of the said citizen hall, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each written statement of D;

1. A brewing driver's report, a report on the status of running a motor vehicle, and the register of driver's licenses;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (a copy of the same type of judgment of a suspect);

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; and

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) is recognized as having been favorable circumstances as the reason for discretionary mitigation.

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