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(영문) 인천지방법원 2020.12.18 2020고단7740

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 23, 2020, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Seoul Central District Court on January 23, 202, and on June 26, 2020, the Incheon District Court issued a summary order of KRW 14 million for the crime of violating the Road Traffic Act.

【Criminal Facts】

On July 12, 2020, at around 04:44, the Defendant driven a C-Ad-di vehicle while under the influence of alcohol with a blood alcohol concentration of 0.144% without obtaining a driver's license from the 1km section from the road located in Bupyeong-gu Incheon Bupyeong-gu, Incheon to the road located in the same Gu B.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. For previous records of a defendant's legal statement, notification of results of drinking driving control, and previous records of judgment on the ledger of driver's license: Criminal history records, repeated statements, reports on previous records of disposition, confirmation of identical records, and copies of summary order; Application of two Acts and subordinate statutes to two copies;

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime (the point of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures and the crime of drunk driving or unlicensed driving need to be punished for the sake of the risk of damaging the life and body of others as well as himself/herself.

The Defendant committed the instant crime even though he/she had been punished several times due to drinking driving.

On the other hand, the defendant recognized the crime of this case and is against the defendant.