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(영문) 인천지방법원 2017.10.11 2017고단5516
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2014, the Defendant was issued a summary order of KRW 4,50,000,000 for a fine of KRW 4,50,00 for a crime of violating road traffic law (drinking) at the Goyang Branch of the Jung-gu District Court, and on July 31, 2017, a summary order of KRW 4 million for the same crime at the Incheon District Court.

Although the Defendant had been able to drive alcohol twice or more as above, on July 13, 2017, the Defendant driven a B rocketing motor vehicle without the driver’s license under the influence of alcohol concentration of 0.115% from around 23:00 on July 13, 2017, and proceeded with approximately 100 meters from the road in front of the new city restaurant located in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to the road in front of the Hyundai Oil Bank located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Attachment of a written inquiry, a written inquiry (the same criminal record, etc. of the suspect), a criminal investigation report (the same criminal record, etc. of the suspect), the summary order attached thereto, each copy of the indictment, summary of the summary order attached thereto, a summary of the case, and the application of the summary inquiry Acts

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

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 and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School is that the Defendant driven a motor vehicle under the influence of alcohol without a driver's license even though he had the record of the same kind of crime due to driving of alcohol or driving without a driver's license, and the crime of this case is not good.

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