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(영문) 인천지방법원 2020.08.20 2020고단5441
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 4, 2015, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on May 4, 2015, and on April 13, 2017, the above court has a record of being sentenced to a summary order of a fine of 4 million won for a crime of violating the Road Traffic Act.

【Criminal Facts】

1. Around June 6, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, the Defendant driven the DoMW car over approximately 45 km from the front of his house located in Gyeyang-gu Incheon Gyeyang-gu, Incheon to the Cpent of Incheon-gun.

2. On June 7, 2020, at around 04:35, the Defendant, without obtaining a driver’s license, driven the said BMF car under the influence of alcohol content of about 0.087% while under the influence of alcohol, around 1.2km from the front day of the Incheon Reinforcement Military Cpenta to the Jeju Dollllllllllum.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking and driving, report on the circumstantial statement of a drinking driver, and report on internal investigation into the register of driver's licenses (round 5);

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (No. 13);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant misleads himself/herself, the fact that he/she drivess after taking the surface of the water after taking the main body, and the fact that there

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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