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(영문) 인천지방법원 부천지원 2014.10.17 2014고단2090
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 December 27, 2012, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on December 27, 2012, and a summary order of KRW 5 million for the same crime in the same court on July 21, 2014.

On August 13, 2014, around 05:26, the Defendant driven B K7 vehicle under the influence of alcohol content of 0.182% without a driver’s license, from around 500 meters away from around 300 to the same 342-ro-ro, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the results of the crackdown on drinking, and register of driver's licenses;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

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. Mitigation of discretionary work (all circumstances, such as the confession of a criminal conduct and the reflective fact, and the absence of any record of punishment exceeding the fine) Articles 53 and 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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