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(영문) 인천지방법원 2017.11.08 2017고단6757
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 August 31, 2017, the Defendant driven a BSP car owned by the Defendant without obtaining a driver’s license for a vehicle at around 23:00, while under the influence of alcohol of 0.189% during blood, and proceeded with approximately 20 meters from the 3 Tri-ro 137-gil to the same household, Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes above, and the crimes of violating the Road Traffic Act which are more severe punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, even though there was a criminal history of the same kind of crime, is not good, in the case of the instant crime where the Defendant drives a motor vehicle under the influence of alcohol without a driver’s license, but the driving distance was shorter, but the Defendant was too late, and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age, sex behavior, environment, family relation, etc., are considered to be considered and determined as above.

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