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(영문) 인천지방법원 2013.11.11 2013고단4769
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

On August 27, 2008, the Defendant received a summary order of KRW 2.5 million from the Jeonju District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, and on December 24, 2009 to a fine of KRW 3 million for a crime of violation of the Road Traffic Act, such as a violation of the Road Traffic Act.

On May 2, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, driven a CMF5 car owned by the Defendant, without a driver’s license, in a section of approximately 200 meters from May 23, 2013 to the front road of the new Majdong-dong, Seo-gu, Incheon, Seo-gu, Incheon, with a blood alcohol concentration of about 0.155%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Application of Acts and subordinate statutes to a report on circumstances of driving without a license and an inquiry about driver’s license;

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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

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 2007Da1548, Apr. 1, 2007);

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

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