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(영문) 인천지방법원 2016.10.12 2016고단5094
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:02 on July 6, 2016, the Defendant driven approximately 20 meters of the Rab cargo vehicle B while under the influence of alcohol concentration of 0.130% on the back of the 25 Gyeongwon-ro, Bupyeong-gu, Incheon, Bupyeong-gu.

around 04:30 on August 24, 2016, the Defendant driven B Rab vehicle without obtaining a driver’s license in the section of about 8km from around 04:50 on the same day from the street in front of the sand-resistant market located in the Nam-gu Incheon Metropolitan City, Seo-gu to the front day of the 680-gu Mabrost, Seo-gu, Incheon, Seo-gu to the 04:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Report on the circumstantial statements of a drinking driver, the inspection results of the drinking driving control, and the ledger of driver's licenses (No. 6 No. 2016 high-class 5742)

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of drinking), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act (a point of driving without obtaining a license), and the choice of imprisonment with prison labor

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act shall be considered as

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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