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(영문) 인천지방법원 2018.05.23 2018고단1805
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 19, 2013, the Defendant was issued a summary order of KRW 3 million as a fine for the same crime at Jeju District Court on March 29, 2016 and KRW 4 million as a fine for the same crime.

On February 13, 2018, at around 21:35, the Defendant driven a motor vehicle with the body of Cppfland without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.096% from a section of approximately 1km from the front side of the Han-gu Incheon Seo-gu Man Chang-dong to the same 250 bank master’s roads.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry about the results of crackdown on driving under drinking, report on the circumstances of the driver under drinking, and response letter requested for appraisal;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, reports on investigation (No. 21) and application of each subordinate statute of the judgment;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act including an order to attend a lecture or an order to attend a community service order have the record of being sentenced to two times a fine due to the Defendant’s violation of the Road Traffic Act (driving) around August 2013 and around March 2016. Meanwhile, the Defendant’s crime of this case is against the Defendant, and the Defendant’s blood alcohol concentration (096% as a result of blood collection measurement) during the instant case’s blood alcohol level (0.096% as a result of blood collection measurement) and other conditions of sentencing as indicated in the instant records and trial process, including the Defendant’s age, sex and behavior, environment, motive and background of each of the instant crimes, means and methods, and circumstances after the instant crime, etc., shall be

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