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(영문) 인천지방법원 2017.09.06 2017고단3476

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 May 9, 2013, the Defendant received a fine of KRW 2,50,00,000 from the Incheon District Court on September 23, 2016 to a fine of KRW 5,70,00 due to a violation of Road Traffic Act (drinking), etc. in the Busan District Court's Branch of the Incheon District Court on May 9, 2013, as well as a violation of Road Traffic Act (drinking).

On March 19, 2017, the Defendant driven a mast car from the section of approximately 50 meters to the front day of the road, where the Defendant took a alcohol of 0.102% of alcohol in blood without obtaining a driver’s license on March 19, 2017, and the Defendant driven a math car from the section of approximately 50 meters to the front day of the “fluort rash,” which is located along the same salary grade from the front day of the trade influent convenience store in the Seo-gu Incheon Metropolitan City.

around 10:30 on July 12, 2017, the Defendant driven a B M& car without obtaining a driver’s license from around about 1.5 km from the front side of the Seoul Southern-gu Incheon Southern-gu Incheon Nam-dong apartment to the front side of the Incheon Southern-gu Oil Station, to around 286, and driving the B M& car without obtaining a driver’s license from around 1.5 km.

Summary of Evidence

"2017 Highest 3476"

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the circumstances without licenses, replys to blood collection appraisal, and reference data;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (No. 22 of the evidence list), 2017 order 5347;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to reports on the occurrence of accidents, drivers' license ledger, and investigation reports;

1. Driving a driver under the influence of alcohol for relevant criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The crime committed by the Defendant with the reason of sentencing Article 62-2 of the Criminal Act, which led to re-offending despite the fact that the Defendant had the same power twice, and even though he had been tried due to the first crime of this case, the driverless driving without the license.