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(영문) 인천지방법원 2019.10.30 2019고단5559

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] The defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on September 28, 2006, and was in violation of the prohibition of drunk driving.

【Criminal Facts】

On July 26, 2019, at around 04:53, the Defendant driven a B SP car with approximately 20 km section 0.103% of alcohol alcohol concentration from the roads near the Eunpyeong-gu Seoul Metropolitan Government Manadong 5m to the point in the direction of the airport of 3-48 Incheon Cheongradong-dong, Seo-dong, Seo-gu, Incheon to the point in 20.7km.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records and investigation reports (a summary order of the same attached military records and attachment of judgment) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflectability and the absence of force exceeding fines, and the most recent same kind of power is 13 years prior to around 13 years);

1. Article 62 (1) of the Criminal Act;

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