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(영문) 인천지방법원 2014.01.20 2013고단7502
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 February 28, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and on April 23, 2013, the Defendant was issued a summary order of KRW 4.5 million by the same court as the same crime.

As above, the Defendant was punished twice or more for a violation of the Road Traffic Act (driving) and was driving B K5 cars under the influence of alcohol of about 100 meters without obtaining a driver license from the road in front of 2030-distance in the south-gu Incheon Metropolitan City, Seoul, to the Hansung road located in the same 968-meter section from November 4, 2013 to the Hansung road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;

1. Inquiries into driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order of the same kind of electricity);

1. Relevant statutory driving for a crime: Points of driving without a license under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishment as a crime of violating the Road Traffic Act heavier than punishment, and choice of imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Feb. 1, 201>

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

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