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(영문) 인천지방법원 2018.08.29 2018고단4854

도로교통법위반(음주운전)등

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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 June 2, 2018, the Defendant driven B K3 automobiles under the influence of alcohol content of 0.127% while under the influence of alcohol without obtaining a driver's license for a vehicle at the entrance of the New FIC located in Jung-gu Incheon, Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the result of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is an unfavorable circumstance to the Defendant, such as the Defendant’s operating of a vehicle without a driver’s license under the influence of alcohol, and the Defendant has been subject to criminal punishment three times (two times of drinking driving and one time of driving without a driver’s license) for the same crime, and the Defendant’s blood content at the time of detection reaches 0.127%.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, and did not cause traffic accidents involving personal and material damage while driving alcohol or without a license, and it does not repeat the same mistake again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.