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(영문) 인천지방법원 2019.11.22 2019고단7436

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

On December 15, 2016, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch.

around 22:53 on October 9, 2019, the Defendant driven a Doz car with approximately 200 meters away from the front of the Seo-gu Incheon apartment to the front of the Seo-gu Incheon Building, while under the influence of alcohol concentration of about 0.090%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order of education under Article 62-2 of the Criminal Act, even though there was a figure of blood alcohol concentration for sentencing, the distance and time of drinking driving, and the record of punishment for drinking driving, resulting in considerable danger to public safety by driving in drinking condition again. The time interval between the crime of this case and the crime of this case after the last record, the time interval between the crime of this case and the crime of this case, the recognition of the crime of this case and the misunderstanding of mistake, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., shall