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(영문) 인천지방법원 2017.05.11 2017고단1426

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2017, at around 21:20, the Defendant driven a B Spart car under the influence of alcohol content of 0.111% while under the influence of alcohol, without obtaining a driver’s license, from around 300 meters away from the dives road located in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon to the road front of sand-proof bamboo death in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in 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 suspension of execution (the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend: The circumstances in which the defendant recognized each of the crimes of this case and committed two times more favorable to the fact that the defendant was punished for the same crime: The defendant has no record of being punished in excess of the fine, and the defendant's age, sex, criminal conduct, environment, means and result of the crime, and the various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.