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(영문) 인천지방법원 2015.10.28 2015고단3610
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

[criminal power] On May 2, 2008, the defendant was issued a summary order of KRW 1 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million by the same court on August 7, 2008 for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 11, 2013, the Defendant, without obtaining a driver’s license at around 09:10 on July 11, 2013, driven B earth and car at approximately 500 meters away from the section of approximately 500 meters to the road front of the Yannam-dong, Incheon, Seo-gu, Seo-gu, Incheon, under the influence of alcohol content of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the register of drivers' licenses;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment of summary order), and application of Acts and subordinate statutes governing summary order;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the reflection of the fact, and the fact that there is no record of punishment heavier than imprisonment without prison labor for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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