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(영문) 인천지방법원 2017.07.19 2017고단3279

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2006, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act (drinking driving), etc. at the Incheon District Court on November 2, 2006, and on April 28, 2016, the same court issued a summary order of KRW 4 million to a fine of at least two million for the same crime and violated Article 44(1) of the Road Traffic Act.

1. Nevertheless, on April 15, 2017, the Defendant driven B SP car under the influence of alcohol level of 0.156% in blood without obtaining a driver’s license on April 15, 2017, while under the influence of alcohol level of 0.156% in the blood, and proceeded with approximately 100 meters from the road front of the “road MP” 29, a 195-ro 195-ro, Jung-gu, Incheon, to the front road of the same Gu C building.

2. Around April 15, 2017, the Defendant: (a) taken a drinking test on the front of the Incheon Jung-gu Incheon Central Police Station D police station D police station D police station in Incheon, and took a drinking test from the victim E on the front of the building; (b) confirmed the result of the measurement; and (c) took a bath for the victim to “I Y Y Y Y Y Y Y Y Y YY YY YY YYY YYYY YYYYYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Complaint;

1. A report on detection of a driver at the main place of business (in the face of 12 pages of investigation records) and a statement on the circumstances of the driver at the main place of

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the previous convictions and the summary order attached thereto), and the application of Acts and subordinate statutes attached thereto;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a repeated driving of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (a non-licensed driving) and Article 311 of the Criminal Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving) and a crime of violating the Road Traffic Act which has heavier punishment);

1. Selection of penalty;