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(영문) 인천지방법원 2018.07.11 2018고단1598
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 2, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle around 03:50 on February 2, 2018, driven a motor vehicle with B, under the influence of alcohol concentration of about 0.165%, from a 542 green park parking lot in Bupyeong-gu Incheon, Incheon to the same white-ro 557 Bao-ro, from around 200 meters to the front road of 557 Mao-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture or the Order of Community Service is that the defendant was subject to a fine once on July 2002 due to a violation of the Road Traffic Act (drinking on or around April 2015), a fine on one occasion due to a violation of the Road Traffic Act (drinking on or around July 2016), a fine on two occasions due to a violation of the Road Traffic Act (drinking on or around April 2017), a fine on or around July 2016, and around April 2017. At the time of the instant case, the alcohol content (0.165%) of the defendant's blood alcohol content (0.165%) was relatively high; the defendant was diving while driving a drinking; the police officer who was reported on 112, was under the influence of drinking, and the defendant violated the Defendant's age, sex, environment, motive and method of the instant crime, the records and circumstances of the instant sentence, etc.

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