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(영문) 인천지방법원 2017.09.22 2017고단5619
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[2] On February 22, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on December 9, 2016, issued a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (driving) at the Seocheon Branch Branch of the Incheon District Court on December 9, 2016, and on July 20, 2017, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a crime of violating the Road Traffic Act (driving without a license) at the Incheon District Court on July 28, 2017.

[2] On May 12, 2017, at around 15:55, the Defendant driven B EX car under the influence of alcohol concentration of about 0.073% while under the influence of alcohol during blood, without obtaining a driver’s license, from around 200 meters to around 6-1, the 4-1st road of the Incheon Gyeyang-gu, Incheon Gyeyang-gu, 6th-ro, the 4-1st road of the same Gu-ro 19, the same Gu-ro.

As a result, the defendant, while driving a non-licensed driving, was driving at the same time, and was driving once again.

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. The driver's license ledger;

1. Previous convictions in the judgment: (A) a response to inquiries, such as criminal history, (A), a report on investigation (a summary of an order, etc.), a copy of a summary order, and the application of a copy of the judgment under statutes of one copy;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) (limited to the crimes of violating the Road Traffic Act and the crime of violating the Road Traffic Act, etc., of which judgment becomes final and conclusive;

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 Code of the Suspension of Execution (the grounds for the following sentencing)

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