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(영문) 인천지방법원 2018.06.25 2018고단2377
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

[2018 Highest 2377] On September 1, 2017, the Defendant driven a C windowsle car with approximately 500 meters alcohol concentration at around 0.102% while under the influence of alcohol level from the front side of the opening side of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the front side of the 389 Gold-gu, Bupyeong-gu, Incheon.

[2018 Highest 2729] On December 20, 2017, the Defendant driven a DPoter two cargo at approximately 300 meters away from the front of the agricultural product market in the Bupyeong-gu Incheon Metropolitan City, Seocheon-si, Busan Metropolitan City to the front of the 2126 Dong-dong, Seocheon-si, Gyeonggi-do, without obtaining a driver's license for a motor vehicle from around 00:05.

Summary of Evidence

[2018 Highest 2377]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. Statement of the circumstances of the driver involved in driving;

1. Registers of driver's licenses (2018 highest 2729);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as the reflective fact, and the absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. The community service order under Article 62-2 of the Criminal Act;

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