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(영문) 인천지방법원 2019.07.10 2019고단3070

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On April 30, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Incheon District Court, and on March 9, 2012, issued a summary order of KRW 5 million for the same crime in the same court.

【Criminal Facts】 Around 21:21 on May 2019, the Defendant driven a Efline vehicle from the section of approximately 200 meters from the front of the Incheon Jung-gu to the front road located in the same Gu C, under the influence of alcohol content of 0.083%.

As a result, although the defendant had been punished more than twice due to the violation of the Road Traffic Act, he has driven a vehicle under the influence of re-driving despite the fact that he had been punished.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment of summary orders related to the same criminal records of a suspect) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., reflects the reflectivity, the previous records of driving under influence before seven years, and the fact that there is no past record exceeding

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;