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(영문) 인천지방법원 2014.11.26 2013고단8441
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

On April 11, 2008, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on December 12, 2008, for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 12, 2008, for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on June 24, 2010, for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on June 24, 201, for a penalty of KRW 3 million for a violation of the Road Traffic Act (driving on drinking) from the Hongsung Branch Branch of the Daejeon District Court on May 30, 2013.

On November 28, 2013, at around 07:05, the Defendant driven a B vehicle with approximately KRW 500 meters away from the construction site for the Asian player village apartment building located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to the shooting distance of the route hospital located in the same Dong-dong, without a vehicle driver's license, under the influence of blood alcohol concentration of 0.113%.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that an investigative agency recognized a crime and the fact that there is no significant penalty record exceeding a fine);

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

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

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