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(영문) 인천지방법원 2020.07.23 2020고단5505

도로교통법위반(음주운전)등

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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

On July 9, 2014, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

2. The Defendant, on May 26, 2020, driven an Eschnton car under the influence of alcohol concentration of about 0.040% without obtaining a driving license from around 200 meters from the front road of Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the front road of the same Gu C apartment D, and without obtaining a driving license from around 4:17.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and 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 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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant committed each of the crimes of this case even though he had the record of being fined due to drinking driving and driving without license, and the social harm of drinking driving and the purpose of revision of the Road Traffic Act are not enough to be considered.

The favorable circumstances: The defendant seems to be aware of and reflect on the crime.

It is not necessary to repeat the crime, such as selling a vehicle used for the crime.

The blood alcohol concentration level is very high.