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(영문) 인천지방법원 2020.08.06 2020고단3356
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On September 5, 2007, the Defendant received a summary order of KRW 3.5 million from the Seoul Northern District Court to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court on November 21, 2017, respectively.

around 03:53 on March 9, 2020, the Defendant driven a D Uidi vehicle with a blood alcohol content of about 800 meters from around the roads near the Bupyeong-gu Incheon Metropolitan Government B apartment to the front roads of the Incheon Bupyeong-gu Seoul Metropolitan Government, while under the influence of alcohol of about 0.11%.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without a driver's license.

around 3:19 on April 17, 2020, the Defendant driven a D Ui-di vehicle with approximately 300 meters section from “F” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, to the front road of the same Gu G apartmentH, without obtaining a driver’s license, while under the influence of alcohol of about 0.143% of blood alcohol content.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without a driver's license.

Summary of Evidence

"200 Highest 3356"

1. Defendant’s legal statement, the circumstantial statement, and the investigation report (No. 7) on the status of his driving on the main line of duty, “20 high-ranking 3929”;

1. Defendant’s legal statement, report on the state of his driving, report on the state of his driving, report on the circumstantial statements, notification on the control results of drinking driving, and report on the driver’s license of the vehicle entrusted for appraisal; and

1. An inquiry report on criminal records, etc., and the application of Acts and subordinate statutes confirming criminal records of the same kind of crime;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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