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(영문) 인천지방법원 2020.05.28 2020고단916

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On November 4, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the Daegu District Court racing support, etc. on August 10, 201; on August 10, 201, the same court issued a summary order of KRW 4.5 million for the same crime; on November 20, 2019, the Defendant was sentenced to a one-year suspended sentence of imprisonment with labor at the Incheon District Court for the same crime; and on November 28, 2019, the said judgment became final and conclusive.

【Criminal Facts】

On October 24, 2019, at around 15:56, the Defendant driven CK7 car under the influence of alcohol concentration of 0.093% without obtaining a driver’s license from a fluorial parking lot located in Sinsi-dong, Sinsi-si to B before the same city, from around 150 meters.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle without obtaining a driver's license, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving without a license, report on the circumstances of driving under the influence of alcohol drivers, inquiry into the results of crackdown on driving under the influence of alcohol, on-site photographs, ledger of licenses, making44 and related photographs

1. Previous convictions in judgment: Criminal records, investigation reports (power of a suspect's drinking driving), two copies of attachment summary order, and one copy of judgment, and application of Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated due to the treatment of concurrent crimes;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from one year to three months;

2. Determination of sentence: The fact that the defendant in August is recognized as committing the instant crime and the judgment becomes final and conclusive;