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(영문) 인천지방법원 2015.03.12 2014고단9073
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 September 14, 2014, at around 01:35, the Defendant, without a car driver’s license, driven the B-learning car at the section of about 30km from the influent place in the Yananan City to the vicinity of 385km from the Busan F-ray Busan F-ray located in the Yan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (the punishment imposed for a violation of the Road Traffic Act which exceeds the penalty);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [limited circumstances] and there is no criminal history above the suspension of execution, reflective (unlimited circumstances] of the same violation of the Road Traffic Act over two occasions, and a relatively heavy driving level;

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