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(영문) 인천지방법원 2015.10.08 2015고단5086
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

[criminal power] On October 14, 2009, the Defendant received a summary order of KRW 1 million from the Seoul Northern District Court to a fine of KRW 1 million; on February 9, 2010, the above court issued a summary order of KRW 1 million to a fine of KRW 1 million; on May 10, 2012, the Jungbu District Court issued a summary order of KRW 3 million to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on February 4, 2014; and on October 13, 2014, the Seoul East District Court issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) at the Seoul Southern District Court on February 13, 2014.

【Criminal Facts】

On July 22, 2015, at around 21:45, the Defendant driven B rocketing car with a blood alcohol content of at least 0.136% under the influence of alcohol without obtaining a driver's license from around 1.5 km section from the front day of the mutual influence in Seo-gu Incheon Metropolitan City, to the front day of 22:00 on the same day, to the front day of the 587 front day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the situation of drinking drivers;

1. Registers, etc. of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that it reflects the depth of criminal conduct and that it has no record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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