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(영문) 인천지방법원 2017.09.06 2017고단2446

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

On March 8, 2010, the Defendant received a summary order of KRW 2,00,000 from the Incheon District Court to a fine of KRW 1,000 as a crime of violating the Road Traffic Act (drinking). On September 20, 2012, the Incheon District Court received a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (drinking).

[2] On March 21, 2017, the Defendant driven B cargo while under the influence of alcohol of about 0.126% from a distance of about 5km from the 95-19 meters to the 250km-ro, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon to drive the B cargo under the influence of alcohol level of 0.126%.

around 14:50 on May 26, 2017, the Defendant driven B Poter truck without obtaining a driver’s license from around 1km to around 65:0 on May 26, 2017 at a distance of about 1km from the roads front of the Namdong-gu Incheon Metropolitan City Twitdong-dong-dong, Incheon to the roads front of the 65-lane modern Home Network.

Summary of Evidence

"2017 Highest 2446"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Investigation report (Attachment of the previous order and related summary order attached), summary order, etc. "47 highest order 4547";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act (a repeated driving of drinking), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a non-licensed driving) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after crime, are comprehensively taken into account, and the sentence is ordered as ordered.