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(영문) 인천지방법원 2018.07.18 2018고단3763
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 November 8, 2017, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) from a water source method source, and KRW 1.5 million as a fine for a violation of the Road Traffic Act (dacting driving) from the Incheon District Court on June 11, 2014.

On May 4, 2018, at around 01:15, the Defendant driven Bho-do car without a driver’s license, while under the influence of alcohol concentration of about 0.083% in blood, in a section of about 100 meters prior to viewing of the same water source, on the roads in which the Suwon-si transfer site was not located.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home and a report on the circumstances of the driver at home;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation report (No. 13)

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 include the following: (a) the Defendant was subject to three times a fine on March 2004; (b) around June 2014; and (c) around November 201, 2017; (b) the Defendant’s blood content (0.083%) during the instant crime; (c) the Defendant’s blood alcohol content (0.083%) at the time of the instant case; and (d) the Defendant’s age, sexual behavior, environment; and other conditions of sentencing as indicated in the instant records and trial process, such as the motive, process, means and method of each of the instant crimes; and (e) the circumstances after the instant crime, etc., determining the same sentence as the order.

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