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(영문) 인천지방법원 2018.01.24 2017고단8267
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2, 2017, the Defendant was under the influence of alcohol at 0.159% in blood without a motor device bicycle driver’s license on October 2, 2017, the Defendant driven a 49cc occin (a chassis number: B) with approximately 500 meters from the front side of the Seo-gu Incheon Seo-dong, Seo-gu, Seo-gu, Incheon to the front day of the Child Care Center of the 188 Sea Sea (hereinafter referred to as the “Childn State”).

2. The Defendant, in violation of the Guarantee of Automobile Compensation Act, was driving the above Oral Ba, which was not covered by mandatory insurance at the same time and place as the mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Act and subordinate statutes to the de facto survey report, each photograph, the circumstantial statement report of the driver's license, and the driver's license ledger (Evidence List 22);

1. Driving a motor vehicle under the relevant legal provision under the influence of alcohol on the facts constituting the crime: Driving without a license under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the Defendant, on the ground of the sentencing under Article 62(1) of the Criminal Act, is not good in the course and contents of the crime, such as the Defendant’s act of traffic accidents while driving otobane without a license; and (b) the Defendant has three times the history of punishing driving without a license; and (c) the Defendant has been recently taken one time the previous disposition of life penalty.

However, the past records have been punished by a fine, most of which have long been punished, and the defendant has a depth of his mistake, and the use or abolition of the error of this case, taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, and other various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime.

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