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(영문) 인천지방법원 2018.09.21 2017고단7362
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Incheon District Court on December 6, 2013, committed a violation of the Road Traffic Act (drinking driving), committed a violation of the Road Traffic Act (drinking driving), and the Defendant, at the same court on July 20, 2017, received a summary order of a fine of five million won or more for the same crime and received a summary order of a fine of five million won or more.

On September 4, 2017, the Defendant driven a vehicle with approximately KRW 500-meter 50 meters from the rogate flusium in Jeju-si to the front road of the Republic of Korea located in the same Western-ro 248, a non-motor vehicle without the driver’s license, with a alcohol concentration of at least 0.271% in blood while under the influence of alcohol level of at least 0.271% in the state of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A report on investigation;

1. Inquiries into the ledger of driver's licenses (A);

1. Photographs related to control;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of previous convictions in disposition, and application of a copy of summary order;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant’s crime of sentencing under Article 62-2 of the Criminal Act for the reason of sentencing is that he/she again drives without a license for drinking alcohol even though he/she had the record of punishment for driving under drinking twice, and it constitutes a high level of drinking alcohol, and the Defendant’s crime of driving under drinking on April 16, 2017, even though he/she was punished by a fine of KRW 5 million on July 20, 2017, it cannot be deemed that the possibility of criticism is somewhat weak.

The Defendant’s driver’s license on June 20, 2017.

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