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(영문) 인천지방법원 2015.02.11 2014고단9273
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2006, the Defendant issued a summary order of KRW 2 million at the Seoul Western District Court on the grounds of the violation of the Road Traffic Act, etc. On February 9, 2007, the Seoul Central District Court sentenced a suspended sentence of KRW 2 million for a year of imprisonment for a violation of the Road Traffic Act (driving). On June 21, 2007, the Seoul Western District Court sentenced a suspended sentence of 2 years of imprisonment for a violation of the Road Traffic Act (driving). On February 21, 2014, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court.

On December 9, 2014, at around 00:14, the Defendant driven a Doz car under the influence of alcohol content of about 0.129% without obtaining a driver's license from around 20:15 on the front side of the boom in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, to the roads of New apartment located in Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Criminal records, each summary order, and application of statutes governing judgment;

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. Article 62 (1) of the Criminal Act (Taking into account the fact that there is a reflectr in gender and a family member to be supported);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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