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(영문) 인천지방법원 2016.09.21 2016고단4141

도로교통법위반(음주운전)등

Text

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

[criminal history] On March 31, 2014, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court on June 25, 2015 due to a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (driving) at the Incheon District Court.

[2] On June 5, 2016, around 04:22, the Defendant: (a) driven B-crui in the state of under the influence of alcohol content of 0.142% while under the influence of alcohol without a driver’s license from the front day of the non-cafeteria cafeteria located in Seo-gu Incheon Metropolitan City, Seo-gu to the front day of the 1274 Pyeong Sea and the front day of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, inquiry into the results of crackdown on drinking driving, and the license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, report on investigation (the same criminal record as the suspect), each summary order, and a written complaint;

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;