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(영문) 인천지방법원 부천지원 2017.07.07 2017고단1182
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 July 20, 2006, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving without a license) on the grounds of a violation of the Road Traffic Act in the support of the Mangwon method and the Defendant was sentenced to a suspended sentence of 2.5 million won for a violation of the Road Traffic Act (driving without a license) at the Incheon District Court on March 10, 2008. On October 13, 2010, the Defendant was issued a summary order of 40,000 won for a violation of the Road Traffic Act (driving without a license), and on December 23, 2016, the Defendant was issued a summary order of 5 million won for a violation of the Road Traffic Act (driving without a license) at the same court on December 23, 2016, and the same court issued a summary order of 200,000 won for a violation of the Road Traffic Act (driving without a license).

Nevertheless, around 14:55 on December 26, 2016, the Defendant driven a Cpoter truck owned by the Defendant under the influence of alcohol concentration of about 0.113% in blood without the driver’s license to the 2km front road in front of the site metal located in the Dowon-ri in the Gyeonggi Kimpo-si, Jeju-si, Jeju-si, Jeju-si, Jeju-si, with a view to approximately 2km in front of the Gpoter road located in the Dowon Kimpo-si, Gyeonggi-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a written confirmation of the previous convictions in disposition, and application of summary order statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant committed the instant crime even though he had a record of being punished not less than 11 times due to drinking driving and driving without a license.

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