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(영문) 인천지방법원 2017.08.10 2017고단4344
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Records of Crimes】 On November 28, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court on November 28, 2008, and on June 14, 2012, the same court issued a summary order of KRW 10,000,000 to a fine for a violation of the Road Traffic Act on at least two occasions, respectively.

【Criminal Fact-finding on April 22, 2017, the Defendant driven a BM 640-i car without obtaining a driver’s license in approximately 100 meters from a section of approximately 100 meters alcohol level from the front of the public parking lot in the Republic of Korea to the front of the distance of Han Bank, which is located in the same art university from Han Bank, to Han Bank, Han Bank, a member of Ansan-si, Seoul National University of Arts, to the front of the street of Han Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a repeated driving of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (a non-licensed driving) and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the Defendant had been punished twice due to driving under influence of alcohol and once due to non-licensed driving, etc. is against the disadvantage; (b) the fact that drinking does not exceed 0.1%; and (c) the fact that drinking does not exceed 0.1%; and (d) the punishment is determined as ordered by taking account of the favorable circumstances, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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