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(영문) 인천지방법원 2018.06.20 2018고단2722
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On February 13, 2007, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on February 13, 2007, and a summary order of seven million won for a crime of violating the Road Traffic Act at the Incheon District Court on December 12, 2017.

On March 25, 2018, the Defendant, at around 16:45, operated a CTI100 engine device under the influence of alcohol with approximately 10 meters alcohol concentration 0.164% without obtaining a motor device bicycle driver's license from around 729 to the road from around 727 in the south-gu Incheon Metropolitan City.

Accordingly, the defendant, who has violated the prohibition of drinking at least twice, once again driven a motor device under the influence of alcohol in violation of the prohibition of drinking, while driving a bicycle without a motor device or bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A report on the situation of the driving of a driver and a report on the detection of the driver;

1. Consent to blood collection and confirmation, and response to a request for appraisal;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 17) at a net time;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was sentenced to a three-time fine due to a violation of road traffic law (driving) since 2000, the defendant's blood content at the time of the instant case is 0.164%; on the other hand, the defendant's age, sex behavior, environment, motive, means and method of each of the instant crimes; and the motive, method and method of each of the instant crimes.

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