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(영문) 인천지방법원 2020.01.09 2019고단7989
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 23, 2017, the Defendant was sentenced to ten months of imprisonment for the crime of larceny at night, etc. at the Incheon District Court, and completed the execution of the said sentence on January 26, 2018.

The Defendant, at the Incheon District Court on August 25, 2006, was punished by a fine of 300,000 won on December 17, 2019, stated in the application for changes in the indictment on changes in the indictment on December 17, 2019, is a clerical error of “300,000 won,” and thus, the Defendant shall be corrected by 30,000 won.

On August 28, 2018, the Incheon District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on August 5, 2019, the Incheon District Court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 8, 2019, at around 23:17, the Defendant driven C rocketing car with approximately 2 km alcohol concentration of about 0.130% without a driver’s license from the front of the Jung-gu Incheon Central-ro 121 East Incheon Central-ro to the front road of the same Gu to the front road of the same Gu.

As a result, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, and simultaneously driven without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. License register;

1. Previous convictions as indicated in the judgment: Criminal records, etc. inquiry reports (A), investigation reports (verification of the same kind of suspect records), the status of personal confinement, the summary agreement meetings of each case (18cciny2150), the summary agreement meetings of cases (19cciny169), the summary agreement meetings of cases (19cciny169), the summary agreement meetings of cases, one copy of the judgment (17cciny Act, 2457), one copy of the judgment (17cciny24555);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Discretionary mitigation;

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