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(영문) 인천지방법원 부천지원 2015.09.24 2015고단1775
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Incheon District Court’s Branch on June 13, 2008, and a summary order of KRW 5 million for the same crime from the Incheon District Court on October 12, 2012, from three times the records of drinking driving, respectively.

【Criminal Facts】

On June 25, 2015, at around 01:40, the Defendant driven a car with Crens without the driver’s license, while under the influence of alcohol level of about 3 km from around 01:0 to the underground parking lot of the Sinjin-Eup, Mauri-ri Village Underground Parking Lot of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (verification of force of the same kind of drinking driving) and other Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 1 and 44 of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment, respectively;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

4. The sentence shall be determined as ordered in view of the fact that the defendant's reason for sentencing under Article 62(1) of the Criminal Act reflects the error and that there is only the previous conviction of the fine.

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