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(영문) 인천지방법원 2016.03.16 2015고단8232
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court on February 12, 2007, the summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on February 1, 201, and the summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on June 7, 201.

On July 30, 2014, the Defendant, without a driver’s license, driven B Poter Cargo Vehicles in the volume section of about 100 meters away from a square of about 16 meters to the front road of the Southern-gu Incheon Metropolitan City, Bupyeong-gu, Bupyeong-gu, Incheon, while under the influence of alcohol with 0.142% of alcohol during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order), four copies of the summary order, and the application of Acts and subordinate statutes attached to the indictment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for the mitigation of small amount (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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