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(영문) 인천지방법원 부천지원 2020.01.15 2019고단3153

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

On October 16, 2012, the Defendant received a summary order of KRW 1,50,00,000 from the Incheon District Court Branch of the Incheon District Court as a crime of violating the Road Traffic Act.

On August 20, 2019, at around 21:55, the Defendant driven a CG car under the influence of alcohol concentration of about 0.060% from around 200 meters to around 200 meters from the roads in front of Busan City, Seocheon-si.

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. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports to the prosecution, and application of one copy of judgment under 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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's confession and reflectivity, blood alcohol concentration and mileage in the judgment, the circumstances leading up to and control over the crime, and the period up to the defendant's age, character and conduct, environment, criminal records and recidivism for the reason of sentencing under Article 62-2 of the Criminal Act, and the motive, means and result of the crime of this case, and the circumstances shown in the oral proceedings, including the circumstances after the crime;