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(영문) 인천지방법원 2019.11.27 2019고단6712

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 January 30, 2003, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Suwon District Court, and on July 23, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime.

【Criminal Facts】

On August 29, 2019, around 18:52, 2019, the Defendant driven D SM3 car under the influence of alcohol 0.19%, while under the influence of alcohol 0.19%, from the front of the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan City to the front of the Cmiddle School.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, previous records of driving under influence prior to about four years);

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

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