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(영문) 인천지방법원 2018.02.19 2017고단8566

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 September 29, 2001, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court Support on September 29, 2001; on August 23, 2005, a summary order of KRW 1,00,000,000 as a fine for the same crime; on July 10, 2008, the Defendant was sentenced to the summary order of KRW 1,00,000 as a fine for the same crime; on September 21, 2012, the Defendant was sentenced to the suspended sentence of imprisonment for 2 years in the same court for the same crime; and on May 14, 2015, the Defendant was sentenced to the suspended sentence of imprisonment for 1 year for the same crime and was sentenced to two years for each one-year imprisonment for the same crime.

Nevertheless, on November 2, 2017, the Defendant, without obtaining a driver's license of a motor vehicle, driven a B-ben truck with alcohol content of 0.050%, while driving a motor vehicle with alcohol content of 0.050% in blood during blood, and proceeded with approximately 1 Km from the front of a cafeteria located in Seo-gu Incheon Seo-dong to the front road of the Man-dong in the same Gu Man-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

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

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the observation of protection, community service order and order to attend lectures, and Article 62-2(1) of the Criminal Act, and Article 59 of the Protection and Observation Act, as well as a number of criminal records, are serving