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(영문) 인천지방법원 부천지원 2018.05.17 2018고단547
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

[criminal history] On January 11, 2013, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act (drinking driving), etc. on the same support. On May 13, 2016, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On March 3, 2018, the Defendant driven CTball vehicle under the influence of alcohol content of about 0.094% without obtaining a vehicle driver’s license for a section of about 1 km from the roads in the Gyeonggi-si, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, to the roads in front of 58, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of driving without a license, report on the situation of the driver at home, notification of the results of regulating the driving of drinking, and inquiry into driver'

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, investigation report (report on the review of the provisions of the law applicable to drinking driving and attachment of suspect's same force judgment, etc.), and copy

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the accused has been sentenced twice to a fine due to drinking driving, and that the accused has been sentenced to a suspended sentence of imprisonment once (the previous conviction is a criminal defendant who has been punished once by a fine due to driving under the influence of alcohol and a crime of violating the Road Traffic Act and a crime of obstructing the performance of official duties under the condition that he/she has a record of punishment for one time due to driving under the influence of alcohol, and the driving of drinking under the condition that he/she is punished concurrently by a crime of violating the Road Traffic Act and a crime of obstructing the performance of official duties shall be considered disadvantageously

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