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(영문) 인천지방법원 2018.07.25 2017고단9310

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months of imprisonment for a crime on April 16, 2017 by the Incheon District Court on July 21, 2017, and the judgment became final and conclusive on July 29, 2017. On May 31, 2010, the Defendant received a summary order of 2.5 million won for the same crime from the Youngju District Court’s Young-dong branch to the same crime.

In addition, on January 30, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Advanced Places) at the Incheon District Court, and completed the execution of the sentence in Andong Prison on September 27, 2015.

[Criminal facts]

1. Violation of road traffic Acts, and guarantee of compensation for motor vehicles;

A. On May 23, 2017, the Defendant committed a crime of violation of the Road Traffic Act (drinking) more than twice, but was under the influence of alcohol level 0.213% during the instant day-to-day alcohol level, while driving a vehicle of approximately 30 km from the Defendant’s possession of the Defendant who did not subscribe to the automobile mandatory insurance at least twice, to the 467-day off-si, YY-si, Gangnam-gu, Seoul, Seoul, while under the influence of alcohol level 0.213% during the instant day-to-day alcohol level.

B. On June 6, 2017, the Defendant committed a crime of violating the Road Traffic Act (driving of alcohol) not less than twice. However, while under the influence of alcohol level 0.191% during the instant day, the Defendant driven a vehicle listed in the paragraph (a) above, which was owned by the Defendant, who was not subscribed to the automobile mandatory insurance, with approximately KRW 100 meters from the day of Incheon Bupyeong-gu D Park Day to the front road of the same Gu, while under the influence of alcohol level 0.191% during the instant day.

(c)

around June 14:50, 2017, the Defendant was required to take a drinking test from G police officers belonging to the Incheon Bupyeong Police Station after receiving 112 reports on the crime described in the above paragraph (b).

However, the defendant, even though he had been punished for the violation of the Road Traffic Act (drinking) more than twice after completing a measurement of alcohol drinking by Gman G around the above day, he again is under the influence of alcohol concentration of 0.167% while under the influence of alcohol during blood, and is in front of the Incheon Bupyeong-gu.