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(영문) 인천지방법원 2018.05.09 2018고단1540

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On September 26, 2014, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking driving) by the Incheon District Court on September 26, 201, and on November 17, 2017, a summary order of a fine of four million won was finalized by the same court on November 17, 2017.

On February 12, 2018, the Defendant, without obtaining a driver’s license in around 22:04, driven a B-car under the influence of alcohol content of about 1k from a section of approximately 0.215% of alcohol content in blood on the side of the south-dong, Seo-gu, Incheon, Seo-gu to the bank Hunam-dong, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and investigation report (report on the circumstances of the driver under driving under driving under drinking);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of the investigation report (the same kind of force);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant was punished twice due to a crime of violating the Road Traffic Act (driving) around around 2014 and around around 2017. The defendant was sentenced to the suspension of the execution of imprisonment for six months and committed each of the instant crimes during the suspension of the execution of the sentence. The defendant was sentenced to the suspension of the execution of the sentence for six months on May 12, 2017. The defendant committed each of the instant crimes during the suspension of the execution of the sentence. The alcohol concentration (0.215%) was very high. Meanwhile, the defendant is against each of the instant crimes at the time of driving the drinking of the instant case. Meanwhile, the defendant's age, sex, environment, motive and background of each of the instant crimes, means and methods of each of the instant crimes, and circumstances after committing each of the instant crimes shall be determined by comprehensively taking into account the following factors.