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(영문) 인천지방법원 2015.06.11 2015고단2039
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 January 20, 2009, the Defendant was issued a summary order of KRW 2 million at the Incheon District Court's Young-gu branch on January 20, 200 to a fine of KRW 1 million for a violation of the Road Traffic Act, and on April 23, 2009 to a fine of KRW 2 million for a violation of the Road Traffic Act, respectively.

On April 5, 2015, at around 21:25, the Defendant driven a B-low vehicle with a blood alcohol content of about 0.081% under the influence of alcohol without obtaining a driver's license from around 500 meters in the section of approximately 500 meters from the front of the Yeonsu-gu Incheon Metropolitan City 525 Landing Operation Memorial Complex to the road front of the same Dong-gu Gun-dong 800-4 Do-dong from the roads.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and criminal investigation reports (Attachment to the previous and summary orders);

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

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

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

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