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(영문) 인천지방법원 부천지원 2020.02.12 2019고단3920

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On August 27, 2019, the Defendant filed a claim with the Incheon District Court for a summary order of KRW 7 million for a crime of violating the Road Traffic Act (driving) on November 6, 2019 with respect to driving under the influence of alcohol on or around August 27, 2019. On October 6, 2019, the Defendant was charged with non-detained as of November 8, 2019 with respect to the crime described in paragraph 2 below the same court.

On November 8, 2019, at around 01:30, the Defendant driven B lerober car in the state of alcohol alcohol concentration of approximately 0.138% from around 500 meters away from the road near the Incheon Bupyeong-si Incheon Metropolitan City to the front road of the 15 upper East-dong Park.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On August 27, 2019, the Defendant filed a summary order with the Incheon District Court on November 6, 2019 as a crime of violating the Road Traffic Act (driving) with respect to driving under the influence of alcohol around August 27, 2019.

around 00:20 on October 6, 2019, the Defendant driven the E Benz car under the influence of alcohol concentration of 0.039% on the front of “D” located in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

"2019 Highest 3920"

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers, and the statement on the state of drinking, the statement of the state of drinking;

1. Previous convictions: Criminal history records, references to the prosecution's dispositions, report on the results of confirmation, and indictment "20 high-class 137";

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the control of drinking under the influence of alcohol;

1. Previous conviction: Criminal history records, reply reports to the prosecution (report on the confirmation of criminal records of the same kind of suspect), and the application of Acts and subordinate statutes of one copy of indictment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act shall be the probation, community service order and order to attend a lecture repeatedly.