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(영문) 인천지방법원 2015.12.09 2015고단3667
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2012, the Defendant issued a summary order of a fine of one million won by a fine for a violation of the Road Traffic Act at the Incheon District Court on December 31, 2012; on April 18, 2013, a summary order of a fine of five million won by a fine for the same crime, etc. at the Ansan District Court's Ansan Branch on April 18,

8. 1. A person who has been issued a summary order of a fine of three million won or more for the same offense in the Incheon District Court, etc. on at least two occasions.

around 06:40 on February 2, 2015, the Defendant driven B 2, while under the influence of alcohol of 0.114%, without obtaining a driver’s license from the section of about 20km from the area of approximately 20km from the Nam-gu Incheon Seo-dong, Incheon Seo-gu to the 56th-ro, Bupyeong-gu, Incheon. So, the Defendant driven B 2, while under the influence of alcohol of 0.14%.

around 03:56 on March 20, 2015, the Defendant driven a C two-wheeled vehicle under the influence of alcohol to a level of 0.103% of the blood alcohol concentration without a driver’s license in the section of approximately 5km from the Sildong-si to the detailed gas station in the same city of the same city.

As a result, the defendant was driving a motor vehicle without a driver's license while driving a motor vehicle at the same time, and was driving a motor vehicle under the influence of alcohol at least twice in violation of the same provision.

Summary of Evidence

"2015 Highest 3667"

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to previous records and summary orders);

1. Defendant's legal statement;

1. Report on the statement of the situation of the driver, the report on the entry of the driver, the registration of the driver’s license;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (attached to a copy of summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning facts constituting a crime, and subparagraph 1 of Article 152 of the Road Traffic Act; and

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