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(영문) 인천지방법원 부천지원 2020.01.30 2019고단3488

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 21, 2014, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On September 25, 2019, at around 23:55, the Defendant driven CA car at approximately five meters in the five-meter section of the front road in Busan-si while under the influence of alcohol content of 0.067%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time, two times);

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports, and copies of summary orders attached thereto;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and a letter of 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The order of education provided for in Article 62-2 of the Criminal Act, the numerical value of blood alcohol concentration for the reason of sentencing, the details and the operational section of the crime, the frequency of punishment for the same kind of crime, the temporal interval with the crime of the case, the confession of the crime, the fact that the mistake is divided, the age, character and behavior, environment and circumstances after the crime, etc. of the defendant, shall be determined by taking into account all the sentencing conditions shown in the pleadings of the