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(영문) 인천지방법원 부천지원 2014.11.19 2014고단2494
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 22, 2009, the Defendant issued a summary order of KRW 2 million with a fine of KRW 1 million by a violation of the Road Traffic Act at the Suwon District Court on December 15, 2009, a summary order of KRW 2.5 million with a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on December 15, 2009, and on January 21, 2014, a summary order of KRW 7 million with a fine of KRW 1 million with a penalty of violation of the Road Traffic Act (driving) at the Suwon District Court on September 21, 201

On August 26, 2014, at around 23:01, the Defendant driven a B e-mail car under the influence of alcohol concentration of about 0.15% without obtaining a driver's license from a section of about 100 meters from the front of the restaurant in the Socheon-si, Seocheon-si to the 167 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and other criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., confession and reflect, and the fact that there is no record of punishment exceeding a fine even before the suspension of execution);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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