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(영문) 인천지방법원 2018.09.12 2018고단5327
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 June 15, 2018, at around 18:00, the Defendant driven a car with Cmea while under the influence of alcohol content of about 0.20% while under the influence of alcohol content at around 0.20%, without obtaining a driver’s license from the Do in front of the C-dong, C-dong, C-dong, the C-dong, the C-dong, the C-dong, the C-dong, the C-dong, the C-dong, in front of the C-dong, the C-dong, the C-dong, the C-dong, the C-

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto investigation report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s history of serving three times punishment due to the Defendant’s violation of Road Traffic Act (driving driving) or the violation of Road Traffic Act (non-licensed driving), the Defendant’s blood alcohol concentration (0.200%) at the time of the instant case, and the Defendant, while driving alcohol, decided to cause the Defendant’s accident that takes place on the road side utility poles and takes over the utility poles. Meanwhile, the Defendant’s crime of this case is against the Defendant, and the Defendant’s age, sex, environment, motive, means and method of each of the instant crimes, such as the driving distance, driving distance, and other circumstances after the instant crime, etc., shall be determined by comprehensively taking account of the following factors: the order and the sentence as ordered.

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