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(영문) 인천지방법원 부천지원 2021.03.18 2020고단4757
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2020, the Defendant was issued a summary order of a fine of up to 6 million won as a crime of violating the Road Traffic Act (drinking driving) in the support for the safe flow of water sources.

On November 1, 2020, the Defendant driven a D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions: Application of the results of inquiry, such as criminal history, reports on the previous convictions of the disposition, results of confirmation, and copies of summary orders;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) concerning criminal facts; Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving under influence of alcohol); Article 152 Subparag. 1 of the Road Traffic Act (the point of driving without a license)

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

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's wrong recognition of his/her mistake and reflects the fact that there is no record of punishment heavier than a suspended sentence: The defendant's age, sex, environment, health conditions, motive and result of the crime, etc., and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the same as the order, in consideration of various conditions of sentencing specified in the arguments of this case;

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