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(영문) 인천지방법원 2020.06.17 2020고단3304

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 November 4, 2009, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on August 24, 2010, a summary order of KRW 5 million was issued from the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act.

Criminal facts

On March 19, 2020, at around 00:04, the Defendant driven the FCA1105 Orbaba in the state of alcohol alcohol concentration of approximately 0.136% from the front day of the package c'C located in Bupyeong-gu Incheon Metropolitan City, to the front day of E in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of, and control note for, a drinking driver;

1. Records before judgment: Application of inquiry reports and investigation reports (verification of the same kind of power and attachment of summary orders), including criminal records, etc.;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment [Consideration of the crime in this case, the details and circumstances of the crime in this case, the degree of blood alcohol, and the above criminal record];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the distance of driving is not a relatively long range, the fact that one’s mistake is against his/her own mistake and that he/she is willing not to drive under the influence of alcohol again);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;