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(영문) 인천지방법원 2018.03.21 2017고단9209

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2017, at around 22:40, the Defendant driven a B-crin car without obtaining a driver’s license from around 400 meters in alcohol level from around 188 to the front day of the 2-lane, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon. The Defendant driven a B-crin car without obtaining a driver’s license from around 400 meters in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered.

A favorable condition: The defendant is making a confession of the crime of this case.

The alcohol concentration in blood shall not exceed 0.06%.

Unfavorable circumstances: the defendant committed the crime of this case during the period of suspension of execution due to the same crime.

Despite having been punished for the same kind of crime in the past several times, it is highly likely to repeat the crime of this case again.