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(영문) 인천지방법원 2015.07.01 2015고단2397
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2012, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court due to a crime of violation of the Road Traffic Act (driving) and on May 13, 2013, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime.

On March 28, 2015, the Defendant, as a person who violated the provision on the prohibition of drunk driving twice or more, operated B cruise car under the influence of alcohol concentration of approximately 0.136% without a driver’s license on the section of about 140 km from the front side of the restaurant in the gold-si, Simsan, Simsan to the front side of the front side of the city in the original city, from March 28, 2015, the Defendant driven B cruise car under the influence of alcohol concentration of about 0.136% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (attached to the previous and summary orders) Acts and subordinate statutes;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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