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(영문) 인천지방법원 부천지원 2020.05.01 2019고단923

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 25, 2018, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) around 14:15 on December 25, 2018, the Defendant driven efrancing the efranc vehicle under the influence of alcohol concentration of about 0.129% without obtaining a driver’s license in the section of about 2km from the front of the “C convenience store” in Kimpo-si B to the front of the same city.

2. Around February 26, 2019, the Defendant was driving H Mt Motor Vehicle at a section of approximately 1.3 km from the front day of Kimpo-si on February 26, 2019 to the front day of G apartment in the same city, from the road of Kimpo-si on February 26, 2019 without obtaining a driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on traffic accidents, a survey report on actual condition, and a report on the occurrence of traffic accidents;

1. Making a report on the state of drinking alcohol, notification of the results of the regulation of drinking driving, inquiry of the results of the control of drinking driving, management and inquiry of the report on drinking driving, and inquiry of the results of the control of drinking driving;

1. An accident site photograph;

1. Each car accident, the ledger of driver's licenses for motor vehicles, and mandatory insurance;

1. Statement of the control of unauthorized License;

1. Application of the Acts and subordinate statutes to investigation reports (report on the circumstances of a driver without a license) and report the situation of a driver without a license;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of driving without a license)

1. Punishment provided for in Articles 40 and 50 (Punishments provided for in the crimes of violation of the Road Traffic Act as of December 25, 2018, between the crimes of violation of the Road Traffic Act as of December 25, 2018, and between the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act as of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant causes a traffic accident while driving a motor vehicle on a license without permission in 2017.