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(영문) 인천지방법원 2020.02.05 2019고단8923

도로교통법위반(음주운전)

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 February 3, 2009, the Defendant was issued a summary order of KRW 6 million by the Incheon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 22:10 on November 21, 2019, the Defendant driven DK5 car from approximately 3 km from the vicinity of the original city of Seo-gu, Seo-gu, Incheon to the front of the C located in the same Gu while under the influence of alcohol content of 0.120%.

As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, previous records of driving under influence prior to about 10 years, and absence of any electricity exceeding a fine);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;