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(영문) 인천지방법원 2016.06.15 2016고단1749
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 30, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on September 22, 2008, issued a summary order of KRW 1.5 million for the same crime at the Incheon District Court. On April 29, 201, the Defendant was issued a summary order of KRW 3.5 million for the same crime at the Incheon District Court.

[2] The Defendant, without a vehicle driver’s license, driven a Bsch Rexton vehicle under the influence of alcohol level of about 0.148% at the section of about 2 km from the later side of the Incheon High School located in the Southern-gu Incheon Metropolitan City, Incheon High School to the front road of Samsung Life, located in about 427, the same Gu-ro, Seoul High School, to the front road of Samsung Life, which is located in the same Gu-ro 427.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating drinking driving and a driver's license;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report to the same criminal records as the criminal suspect's judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and absence of any record of punishment for imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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