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(영문) 인천지방법원 2016.01.13 2015고단5367
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant driven a car driver’s license in the state of drinking alcohol concentration of 0.207% in blood around 00:48 on April 16, 2015, the Defendant driven a car of approximately 1 km from the front line of the Incheon Gyeyang-gu’s trade name in the non-fluence of the company, to the front line of the 284 Musan Station, as in the end of the same city Bupyeong-gu.

On May 23, 2015, the Defendant driven B fishing code car from around 120 meters in the section of approximately 120 meters from the front side of the Maart, which is in the state of alcohol concentration of 0.249%, in the state of being drunk by around 21:5 on May 23, 2015, to the front side of the Mag-ro 231-ro of the main body of the Gu, in the state of being drunk by 0.249% of alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the circumstances of the driver without a license, notification on the results of regulating the driving of drinking, report on detection of the driver with a driver without a license, and application of Acts and subordinate statutes to

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning the facts constituting an offense under the relevant Act, and Article 152 subparagraph 1, and Article 43 of the Traffic Act (the point of driving without a license) concerning each of the roads;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount (i.e., reflective points, and absence of any record of punishment for imprisonment without prison labor or heavier for the last ten years);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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