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(영문) 인천지방법원 2018.07.18 2018고단2833
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

1. On July 5, 2017, the Defendant, without a driver’s license, driven a section from the entrance of the Seo-gu Incheon Sample-gu, to the front of the convenience store C of the building B of the same Gu, while under the influence of alcohol content 0.056% from around 03:42 on July 5, 2017.

2. The Defendant’s insult, from July 5, 2017 to July 03:45 to October 04:10, 2017, when the Defendant controlled drinking to police officers E and police officers, who called up in front of the convenience store in the Seo-gu Incheon building C, and F, who were called up in front of the convenience store in the Seo-gu Incheon building C, and was punished by the Defendant, and the Defendant does not seem to have a match.

It has not been seen but been dealt with in the case

(zg) Whether the driver is a driver of a police station as to whether he/she will do so unless he/she consumes alcohol;

구. 당신 네 들한테 기분 나쁜데. 좃 까는 소리하고 있어, 씹새끼들. 진짜 맞아 뒤질 라고 씨 발. 씹새끼야 죽여 버릴 거니까. 개새끼 진짜. 씨 발 놈들 공권력 존나 남용하네

The term “public interest” refers to a large interest rate, and the victims were openly insulting.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 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; Article 311 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture by the police officer who was dispatched after being reported 112 while simply denying the drinking of this case and driving a license without permission, and the police officer did not properly cooperate with the investigation by the investigative agency.

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