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(영문) 인천지방법원 2018.10.31 2018고단6541
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

[criminal history] On December 2, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court’s Branch Branch on December 2, 2013 and KRW 5 million for the same crime from the Jung-gu District Court’s Goyang Branch on November 24, 2017.

[2] On August 25, 2018, Defendant 1, who was a person with at least two drinking driving skills as above, driven a 10km vehicle B in the 10km section from a Do adjacent to the Incheon International Airport Highway (airport direction) located in the Ilyang-gu, Manyang-si under the influence of 0.105% of alcohol during blood without obtaining a driver’s license on August 25, 2018 to 10.3km (airport direction).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (Attachment to the same case’s judgment);

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

1. Selection of imprisonment with prison labor chosen;

1. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;

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