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(영문) 인천지방법원 2020.05.21 2019고단8608
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2018, the Defendant was sentenced to a fine of KRW 6 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around October 27, 2019, the Defendant was driving a Bknife car without obtaining a driver’s license from a school-interest distance in the Michuhol-gu Incheon Metropolitan City educational-related Dong to the 626-lane south-dong, Nam-gu, Incheon, without obtaining a driver’s license with a blood alcohol concentration of 0.127% from a 3km section to the 626-lane south-dong, Nam-gu, Incheon.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said car without mandatory insurance at the aforementioned temporary location.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Reporting on detection of suspects, such as violation of the Road Traffic Act (driving), reporting on detection of drinking drivers, inquiry into the results of crackdown on drinking driving, report on the circumstantial statement of drinking drivers, report on the circumstances of driving without a license, copy of the driver's license, inquiry into the ledger of driver's license, and mandatory insurance;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of previous convictions), and application of Acts and subordinate statutes attached to judgment;

1. Relevant legal provisions concerning facts constituting an offense, Article 148-2 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, which apply to the choice of punishment;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Two to six years of imprisonment;

2. Determination of sentence: The defendant's age, character and conduct, family relationship and the case.

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