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(영문) 인천지방법원 2015.04.23 2014고단3976
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On November 23, 2012, the Defendant issued a summary order of KRW 3 million at the Incheon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million at the same court on April 9, 2014, respectively.

【Criminal Facts of Crimes】 On May 17, 2014, around 00:15, the Defendant driven BM520 automobiles under the influence of alcohol level 0.140% under the influence of alcohol level 0.140%, without obtaining a driver’s license in the section of approximately 2km from the neighboring part of the Jung-gu Incheon East-dong Incheon Central District to the roads of Samsung 13, Nam-gu, Nam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and 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 punishment under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account that there exists no record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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