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(영문) 인천지방법원 2020.04.29 2020고단255

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On November 1, 2013, the Defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on February 20, 2019, the Defendant issued a summary order of four million won or more for the same crime at the Suwon District Court, and on May 16, 2019, the Defendant violated Article 44(1) of the Road Traffic Act after being sentenced to a fine of four million won or more for the same crime at the Suwon District Court’s Suwon District Court.

【Criminal Facts】

On December 28, 2019, at around 05:49, the Defendant driven a B-in car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.050% from approximately 500 meters from the front of the infurine in Bupyeong-gu Incheon Bupyeong-gu to the front of the same road as the same funeral bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and copies of written judgments to Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though having been punished three times for the same kind of offense, has to be criticized for driving again.

However, the driving distance is short, and the blood alcohol concentration is low as favorable factors, and the sentence shall be determined as ordered by taking into account the various sentencing factors in Article 51 of the Criminal Act, which are shown in the records of this case, such as the situation at the time of external driving, age, character and conduct of the defendant, and environment.