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(영문) 인천지방법원 2017.04.26 2017고단1076
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

"2017 Highest 1076"

1. On March 25, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on March 25, 2015, and a summary order of KRW 4 million for the same crime at the same court on April 14, 2016, respectively.

On December 11, 2016, the Defendant driven a B-hand motor vehicle with alcohol content of 0.094% under the influence of alcohol during blood without a driver's license around 05:05 on December 11, 2016, even though there was a history of driving two or more times as above, and the Defendant driven a 12 km distance from the front side of the Incheon Nam-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, an expressway, Seoul, the first border of the Dong-dong, Seo-gu, Incheon.

"2017 Highest 2269"

2. Around 05:53 on March 13, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a vehicle B, without a driver’s license, and proceeded with approximately KRW 300 meters from the Seo-gu Seo-gu Incheon Seo-dong, Seo-gu, Incheon to have the right to receive the deposit of the vehicle.

Summary of Evidence

"2017 Highest 1076"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Detailed driver's license details;

1. Previous convictions: References to inquiries, investigation reports (a confirmation before and after the driving of a suspect's drinking), and copies of the summary order attached thereto "269";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act (a repeated driving of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseed Driving) of the judgment of the court, and punishment provided for the crimes of violation of the Road Traffic Act with heavier punishment among the crimes of violation of the Road Traffic Act and the crimes of violation of the said Act);

1. Selection of each penalty, and that of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code for the aggravation of concurrent crimes (or concurrences).

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