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(영문) 인천지방법원 부천지원 2019.10.15 2019고단2419

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 December 29, 2017, the Defendant was sentenced to a fine of KRW 5 million as a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch on December 29, 2017.

【Criminal Facts】

On July 11, 2019, at around 23:05, the Defendant driven a rash car while under the influence of alcohol with approximately 0.106% alcohol concentration from the 1km section to the front road of Busan Metropolitan City, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of summary order-related 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that acknowledges and reflects the crime of this case, and that there is no other criminal penalty power

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;