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(영문) 인천지방법원 2018.12.12 2018고단6789
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant received a summary order of a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Incheon District Court on March 6, 2014, and on November 30, 2016, the Defendant received a summary order of KRW 4 million from the same court on November 30, 2016 and received a fine of KRW 4 million due to a crime of violating the Road Traffic Act (drinking) and used for drinking more

On August 26, 2018, at around 20:13, the Defendant driven a B-co car under the influence of alcohol concentration of 0.181% while under the influence of alcohol level around 0.181%, without obtaining a driver’s license in the area of approximately 1 km near the missionaryary work of mountain, the traffic of the Incheon Strengthening-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the same previous convictions);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;

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