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(영문) 인천지방법원 2013.08.19 2013고단2024
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

【Criminal Power】 On June 5, 2013, the Defendant was sentenced to six months of imprisonment or one year of suspended execution at the Incheon District Court for a violation of the Road Traffic Act, etc.

6.13. A person who has, in addition to a final and conclusive judgment, the same criminal record is more than once.

【Criminal Facts” around April 12, 2012. Around 23:55, the Defendant driven a rocketing car without a 100-meter car driving license from the Twit-distance located in the Nam-gu Incheon Metropolitan City, Nam-gu to the front day of Samsung Bio-resources located in the same 302.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Previouss: Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (report attached to judgments, etc.);

1. Relevant statutory driving for a crime: Point of driving without a license under Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person could have been tried together with a crime before and after the final judgment; that a person has not been sentenced to imprisonment without prison labor or any heavier punishment; that person reflects mistake);

1. Article 62 (1) of the Criminal Act on the suspended execution.

1. Social service order under Article 62-2 of the Criminal Act;

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