logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.03.20 2019고단631
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 9, 2012, the Defendant issued a summary order of KRW 1 million to the Changwon District Court for a violation of the Road Traffic Act (driving). On July 16, 2012, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving). On September 6, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Incheon District Court.

【Criminal Facts】

1. On December 27, 2018, around 10:10 on December 27, 2018, the Defendant driven a FK-5 car in the name of E under the influence of alcohol content 0.061% without obtaining a driving license from the road near Cju store in Gyeyang-gu Incheon Metropolitan City to the front road of the building Bupyeong-gu Incheon Metropolitan City.

2. On January 14, 2019, around 13:00 on January 14, 2019, the Defendant driven the said K5 vehicle without obtaining a driver’s license from the section of approximately 3.35 km in the Incheon District Prosecutors’ Office located in about 49 km-ro 163 in the same Gu via the roads near the Michuhol-gu Incheon Metropolitan City G to the civil petitioners’ parking lot located in the same Gu, the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. A report of investigation (report on the confirmation of vehicle operation) and one copy of CCTV screen photographs, an investigation report (report on the measurement of drinking and non-licensed driving distance), and one copy of the house-to-work site map attached thereto, and one copy of the closure of the EMo-friendly building-I building to the direction of the prosecutor's office;

1. Previous convictions in judgment: References to criminal records, investigation reports (report on inquiry into the same kind of records), one copy of the judgment attached thereto, and one copy of each summary order shall be applied;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

arrow