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(영문) 인천지방법원 2013.05.16 2013고단1293
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

In August 17, 2000, the defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act at the Incheon District Court on August 17, 200, a fine of one million won as a same crime at the Incheon District Court on July 7, 2005, a fine of one million won as a crime of violation of the Road Traffic Act (driving) on April 7, 2006, a fine of two million won as a crime of violation of the Road Traffic Act (driving without a license) at the Incheon District Court on September 29, 201, a fine of one million won as a fine of one million won as a crime of violation of the Road Traffic Act (driving without a license) at the Incheon District Court on October 30, 201, and a fine of six million won as a crime of violation of the Road Traffic Act (driving without a license) at the Incheon District Court on October

Nevertheless, around 19:55 on March 1, 2013, the Defendant driven a B-learning car under the influence of alcohol content of 0.109% without obtaining a driver's license from around 19:58 on the same day from the front of the Do senior citizens' center in the Incheon Metropolitan City Strengthening-gun, Incheon Metropolitan City, to the southwest of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, and a statement of the host status;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes concerning investigation reports (Attachment to a copy of summary order);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation

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