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(영문) 인천지방법원 2019.09.20 2019고단4424

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

On April 21, 2015, the Defendant received a summary order of KRW 6 million from the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 16 million due to a violation of the Road Traffic Act (driving).

On June 2, 2019, at around 05:55, the Defendant driven C Lata car in a state of alcohol alcohol concentration of about 0.135% at approximately 70 km from the front of the Gancheon-si, Namyang-si, Namyang-si, Seoul Yangyang-dong, to the lower 4km line of the Cyang-dong, Seoul Yangyang-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and notification of the results of crackdown on drinking;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (previous and confirmation), and application of each summary order Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Six months to one year and six months from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of the sentencing criteria according to the sentencing criteria is not set. 3. The degree of blood alcohol concentration in the judgment is relatively high.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

There is no other criminal record except for those sentenced to three times a fine, including the criminal record on the defendant's judgment.

The defendant has yet to be 20 children and young children.