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(영문) 인천지방법원 부천지원 2014.11.14 2014고단2519
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven 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 March 10, 2010, the Defendant received a summary order of KRW 3 million for the crime of violating the Road Traffic Act from the Incheon District Court’s Branch Branch, and the summary order of KRW 4 million for the same crime at the same court on November 1, 2013, respectively.

On October 21, 2014, at around 21:39, the Defendant driven a BM5 vehicle under the influence of alcohol level of 0.110% without obtaining a driver’s license from the front side of the “BL” road in the north of Kimpo-si, Kimpo-si to the road in front of the Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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