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(영문) 인천지방법원 2020.11.25 2020고단6954

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

On August 19, 2016, the Defendant received a summary order of KRW 6,50,000,000 as a fine for a violation of the Road Traffic Act, etc. from the third general military court of the Army Corps of the Army on August 19, 2016, and a fine of KRW 8 million as a penalty for a violation of the Road Traffic Act at the fifth general military court of the fifth military on September 5, 2018.

On July 19, 2020, at around 05:55, the Defendant driven C rocketing car while under the influence of alcohol, which is about 0.089% of blood alcohol concentration at the 2km section from 29 Do to the same Gu B road from the Michuhol-gu Incheon Island.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and a copy of the same criminal record and summary order, to two copies of the previous records and summary order;

1. Relevant legal provisions concerning facts constituting a crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment [see, e.g., circumstances, etc. of a person driving under the influence of alcohol again, etc., who committed a crime again at a military court in 2016, which received a summary order twice as a crime of violating the Road Traffic

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200Do329, Feb. 23, 2001);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. To assist in preventing recidivism and returning to society in consideration of the records of the same kind of accused, etc. of the community service order under Article 62-2 of the Criminal Act;