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(영문) 인천지방법원 2018.06.20 2018고단2699

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to 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 June 16, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on April 15, 2010, a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court.

On April 11, 2018, at around 22:52, the Defendant driven B’s freight vehicle under the influence of alcohol content of 0.087% without obtaining a driver’s license from around the 500-meter section of the same 500-meter from the front of the Galter cafeteria cafeteria, which is unaware of the trade name in the Southern-gu Incheon Metropolitan City, Nam-gu.

As a result, the Defendant, who has violated the prohibition of drinking at least twice, once again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Report on the circumstances of driving without a license, and inquiry letter of driver's license;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 7)

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

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

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Courses lies in two times as a crime of violating the Road Traffic Act after 2008, and two times as a crime of violating the Road Traffic Act (non-licensed driving). Meanwhile, the Defendant reflects the instant crime, and the Defendant’s alcohol content (087% as a result of blood collection measurement) during the blood of the Defendant at the time of the instant case, and other Defendant’s age, sex, environment, and motive, background, means, and method of each of the instant crimes.