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(영문) 인천지방법원 2017.08.23 2017고단3563
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant issued a summary order of KRW 5 million at the Incheon District Court on September 3, 2015, to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking), etc. on October 31, 2016, and a fine of KRW 4 million due to a violation of the Road Traffic Act (dacting) and a violation of the Road Traffic Act (dacting) at the Incheon District Court on October 31, 2016.

【Criminal fact-finding around April 30, 2017, the Defendant driven a BD car under the influence of alcohol content of at least 0.142% while under the influence of alcohol without a driver’s license, with a section of about 45 meters from the front of the Bupyeong-gu Incheon Bupyeong-gu Incheon Bupyeong-gu ScourbC plaza to the road front of the same Gu funeral and the road front of the same ebbbbbridge.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place, the statement report on the circumstances of the driver's license and the driver's license register;

1. Previous conviction in judgment: Application of Acts and subordinate statutes of a criminal report (a copy of an order for summary summary), which is an inquiry inquiry, including criminal history;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act was relatively punished twice due to drinking driving, etc., the defendant's responsibility not to be light

However, the power above is punished as a fine, and the driving distance is somewhat different from the circumstances of this case, and the defendant is a short distance, the defendant's mistake is in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.

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