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(영문) 인천지방법원 2018.09.05 2018고단5136

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a Poter Cargo Vehicle B.

On June 30, 2018, at around 22:07, the Defendant driven the above vehicle at approximately 500 meters prior to the 172 string of 172 string, from the road on which it is difficult to find out the pulcoon of Yeonsu-gu Incheon, under the influence of alcohol level of 0.122% in blood without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, reporting on the circumstances of driving of drinking, and statement on the circumstances of the driver of drinking;

1. The application of Acts and subordinate statutes to the situation report on driving without licenses and driver's license;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished several times for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseed driving); (b) the Defendant’s blood alcohol concentration at the time of the instant case is 0.122%; (c) the Defendant’s blood alcohol concentration at the time of the instant case is 0.12%; (d) the Defendant reflects the instant crime; (e) the driving distance, the Defendant’s age, sexual behavior, environment; (e) the Defendant’s motive, process, means and method of the instant crime; and (e) the circumstances after the instant crime, etc., the sentence as ordered shall