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(영문) 인천지방법원 부천지원 2013.11.06 2013고단2612
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

The defendant is punished by a fine not exceeding one million won for the violation of the Road Traffic Act in order to support the High Court of the Republic of Korea on April 15, 2009, and the same year.

9.3. The same court was sentenced to a fine of one million won or more for the same offense, respectively;

The Defendant, as seen above, was a person who violated the provision on the prohibition of driving under the influence of alcohol not less than twice, and around 22:00 on May 31, 2013, the Defendant driven a Cclar car with a blood alcohol concentration of 0.161% under the influence of alcohol without obtaining a driver’s license from the frontway of his residence in Seo-gu Incheon, Seo-gu, Incheon to the home fluor, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1111, Jan. 1,

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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