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(영문) 인천지방법원 2016.08.31 2016고단3739
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2016, at around 17:20, the Defendant driven a B-house under the influence of alcohol content of 0.104% while under the influence of alcohol without obtaining a driver's license from around 3km section from the Seo-gu Incheon Metropolitan City Samamb to the front road of the same Gu under the name of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 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. Article 53 and Article 55 (1) 3 of the Criminal Act (the reflection of the nature of a person, and the fact that there is only one time for driving a person who has been driving a person for the last ten years);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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