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(영문) 인천지방법원 부천지원 2014.09.11 2014고단1809
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

On November 26, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on November 26, 2013, and a fine of KRW 3 million for the same crime in the same court on January 22, 2014, respectively.

On June 24, 2014, at around 23:20, the Defendant driven a car with a blood alcohol content of 0.06% while under the influence of alcohol content, without obtaining a driver’s license, in approximately 2 km from the front day of the parking lot of the YU-Eup, Mapo-gu, Kimpo-si to the front day of the same city as the “Korean Cinenabium” restaurant located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of recent drinking driving);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime. (Consideration of imprisonment with prison labor and fines for the defendant seven times, etc.)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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