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(영문) 인천지방법원 부천지원 2017.12.08 2017고단2550
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

On October 14, 2017, around 06:25, the Defendant driven a motor vehicle B observer without a driver's license, with approximately 300 meters section from the front of the non-fluoron-dong, Seocheon-si to the front of the 599 small company, to the front of the 599 small company, while under the influence of alcohol content of about 0.05% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) under the circumstances unfavorable to the Defendant committed the instant crime even though the Defendant was punished several times due to drinking or non-licensed driving; (b) considering the favorable circumstances, the Defendant’s mistake is against himself/herself; and (c) the fact that the Defendant was not punished in excess of the fine, etc.; and (d) taking into account the alcohol concentration in blood and alcohol content and driving distance, and determining the same type of punishment as the order.

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