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(영문) 인천지방법원 부천지원 2014.07.03 2014고단1226
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

On November 17, 2006, the Defendant had a record of criminal punishment of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. at the Incheon District Court on November 17, 2006, and on September 23, 2013, from the Incheon District Court’s Vice Branch Branch of the Incheon District Court on September 23, 2013 to the same crime.

On May 26, 2014, at around 15:32, the Defendant driven a B-learning car under the influence of alcohol with a blood alcohol content of 0.107% without obtaining a driver's license from the front road in the Geumpodong in the Geumpo-si, Kimpo-si to the front day of the Samsung Electronic Service Center located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver, the report on detection of the driver, and the register of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same 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. 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;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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