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(영문) 인천지방법원 2014.07.24 2014고단2714
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 of the final judgment.

Reasons

Punishment of the crime

On October 17, 2013, the Defendant was sentenced to a fine of four million won for the crime of violating the Road Traffic Act at the Incheon District Court on October 17, 201, and the same court on September 11, 2009 has the criminal records, such as being sentenced to a fine of two million won for the same crime.

On 14:09 around 14:09, the Defendant driven BM5 vehicles within the 1 kilometer of approximately 1 kilometer from the roads near Jung-gu, Jung-gu, Incheon to the front road in Jung-gu, Jung-gu, Incheon, Jung-gu, without a vehicle driver's license, while under the influence of alcohol with 0.065% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act (free permission and drinking), and reporting on the state of driving without a license;

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

1. Registers of driver's licenses;

1. Previous convictions: Application of criminal records and investigation reports (the same military records against a suspect) and statutes;

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. 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: Imprisonment with prison labor for six months, a stay of execution for two years, and an order to attend a lecture for 40 hours [free circumstances] that there is no criminal force above a stay of execution [non-driving] (non-driving circumstances] and repeated driving within a short period, and driving under the influence of alcohol at the time it is discovered to be under the influence of alcohol immediately before driving.

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