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(영문) 인천지방법원 2014.09.18 2014고단4990
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 16, 2013, the Defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act in the Incheon District Court on April 16, 2013, a fine of two million won for the same crime in the same court on June 10, 2008, and a fine of seven hundred thousand won for the same crime in the same court on June 24, 2005.

On May 13, 2014, at around 22:16, the Defendant driven a B-car without a driver’s license from a section of approximately 500 meters of alcohol content 0.181% of alcohol content from the south-gu Incheon Metropolitan City, Nam-gu to the road front of the 447 large-scale death distance of prisoners of war.

Summary of Evidence

1. Defendant's legal statement;

1. Report of the circumstances of driving under the influence of alcohol, statement of the circumstances of driving under the influence of alcohol drivers, field photographs, notification of the results of the crackdown on driving under the influence of alcohol, and inquiry into the results of

1. The driver's license ledger;

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

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;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: The fact that there is no criminal record over a suspended sentence of eight months of imprisonment, two years of suspended sentence, and 40 hours of an order to attend a lecture [free circumstances] The fact that a drinking driver stops on the road by a police officer dispatched by a report 112 that he/she stops the vehicle on the road; the fact that the police officer sent out by the same report that the drinking driver stops on the road; the fact that the parked vehicle at 21:50 of the same day shocks another vehicle and runs away as it is; and the fact that the police officer stated the personal information of pro-friendly C

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