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(영문) 인천지방법원 부천지원 2021.01.20 2020고단4095
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 8, 2014, the Defendant received a summary order of KRW 7 million as a fine for a violation of road traffic law (drinking driving), and on December 4, 2018, the same court issued a summary order of KRW 5 million as a fine for a violation of road traffic law (drinking to take measurements of drinking).

[Criminal facts] On September 9, 2020, the Defendant driven a vehicle Ci30 vehicle without obtaining a driver's license without driving the vehicle under the influence of alcohol level of about 0.204% in blood on the roads of about 5km from the insular area of 1:17 to the front of B in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and report on internal investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), confirmation of the history of punishment for the same employee, and attachment of summary order);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Articles 152 (1), 43, and 80 (overtake of Unlicensed Driving) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures may cause serious damage to the life, body, and property of another person. Therefore, the corresponding punishment is required.

In addition, the Defendant is punished for the violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking), respectively, in 2014 and around 2018 (drawing), but is also punished for the violation of the Road Traffic Act (drawing). As such, the Defendant also has committed the same offense, and thus, his responsibility is less and less.

shall not be deemed to exist.

However, the defendant shows his attitude to recognize and reflect all crimes, such as character and behavior, age, motive and background of the crime, circumstances after the crime, time interval with the previous crime, alcohol farming (0.204%) during blood.

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