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(영문) 인천지방법원 2017.10.12 2017고단5610
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

[criminal history] On October 31, 2012, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Incheon District Court on December 18, 2013, a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking) at the Incheon District Court on December 18, 2013, and a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting) at the Incheon District Court on May 16, 2014.

[2] On June 28, 2017, at around 22:54, the Defendant driven a cub car in E while under the influence of alcohol content of 0.119% without obtaining a driver’s license from a section of approximately 300 meters from the front of the Bupyeong Park in Bupyeong-gu, Incheon, Bupyeong-gu to the south-do road located in the same number of north-ro 101 in the same Gu.

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. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of suspect's history of driving under drinking three times), and application of summary order three copies of the summary order;

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act (a repeated driving of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant had been punished several times due to drinking driving; and (b) the fact that the defendant has any record of being punished due to driving without a license is against the disadvantage; (c) the fact that there is no record of exceeding the fine; and (d) the fact that the driving distance is not long and does not cause traffic accidents; and (c) the defendant’s age, sex behavior, environment, motive and background of the crime; and (d) the circumstances after the crime.

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