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(영문) 인천지방법원 부천지원 2017.06.29 2017고단1147
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 10, 201, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court Branch on February 10, 201, and a summary order of KRW 5 million for the same crime, etc. at the Incheon District Court on November 22, 2016.

On March 22, 2017, at around 01:45, the Defendant driven a C-ro cruise car in a state of alcohol alcohol concentration of about 0.115% without a driver’s license at approximately 350 meters from the Do in front of the 473-day “Sil-Eg-Eg-Eg-Eg-Eg-Eg-Eg-Eg-Eg-Eg-Eg-Sg-Eg-Eg-Sg-Eg-Sg-Eg-Sg-Eg-Sg-Eg-

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol (list 4), a survey report on actual condition (list 6), and the ledger of driver's licenses for motor vehicles (list 7);

1. Photographs (list 5);

1. Previous convictions: Application of Acts and subordinate statutes of inquiry about criminal history (list 14);

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

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In order to observe the protection and surveillance, to consider the favorable circumstances (a confession and reflect) of the defendant for the reasons of sentencing under Article 62-2 of the Social Service Order Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and to determine the punishment as set forth in the Disposition, by taking into account all of the sentencing factors of the defendant, including the defendant's age, sex behavior, living environment, and circumstances after the crime, etc., in order to prevent the recidivism of the same or similar crime, the quality of the crime is very pleasure by driving of drinking or non-license without the license of this case, even though the punishment was already imposed three times due to drinking or non-license of this case.

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