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(영문) 인천지방법원 2020.02.05 2019고단9071

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 May 8, 2009, the Defendant, at the Incheon District Court, has a record of driving a motor vehicle, etc. under the influence of alcohol by being sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the same court on April 8, 2016.

【Criminal Facts】

On November 21, 2019, at around 00:37, the Defendant driven Cpoter Ⅱ in the state of alcohol alcohol concentration of about 0.046% at the 3km section from the front of Michuhol-gu Incheon to the front of the sublime of six in the same Gu, as the Gu.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions: Criminal records, investigation reports (Attachment to the same type of judgment, etc.), court rulings attached thereto, and copies of summary orders;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, so-called “permissible driving,” the fact that drinking is low, and the fact that a vehicle is disposed of);

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

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