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(영문) 인천지방법원 2021.03.24 2021고단47

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

On July 2, 2009, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and a summary order of KRW 3.5 million from the Incheon District Court to the same crime on September 21, 201.

around 19:00 on December 22, 2020, the Defendant driven the EM5 car under the influence of alcohol with approximately 6km alcohol concentration of about 0.205% from the 1st floor parking lot of the Michuhol-gu Incheon Metropolitan City B apartment house D from the 19:00 to the 1st floor parking lot of the Nam-gu Incheon Metropolitan City apartment house D.

Summary of Evidence

1. Defendant’s legal statement

1. A report on detection of a primary driver and an appraisal report on the measurement of blood collection;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force), summary order, summary order, previous conviction in disposition, and reporting of the results of confirmation of the previous conviction;

1. Relevant legal provisions and Articles 148-2 (1) and 44-2 (1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment [the punishment imposed by the defendant and the punishment imposed by the defendant on the violation of the Road Traffic Act in 2002 and the punishment imposed by the defendant on the violation of the Road Traffic Act in 2009209, but the circumstances, etc. of repeating the crime are considered];

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including circumstances in which the defendant does not have any past record exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act (wholly considering the aforementioned circumstances);

1. Article 62-2 of the Criminal Act to attend a lecture (the purpose of helping prevent recidivism and return to society in consideration of the records, etc. of the same kind of defendant);