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(영문) 인천지방법원 2020.11.18 2020고단7477

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 5, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan District Court’s Ansan Branch on January 5, 2016.

【Criminal Facts】

At around 19:30 on August 7, 2020, the Defendant driven a DNA-learning car under the influence of alcohol concentration of about 0.199% from the 5km section to the front road of Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and 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. The sentencing conditions under Article 51 of the Criminal Act, including the fact that the reason for sentencing under Article 62-2 of the Criminal Act is serious, the time difference with the previous drinking driving force, the recognition of the crime, the fact that the person involved in the crime is not healthy due to brain color, and the economic situation is not sufficient, etc., shall be determined as ordered by the sentence.