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(영문) 인천지방법원 2020.01.08 2019고단7122

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 December 1, 2006, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court’s Branch Branch on December 1, 2006, a summary order of KRW 1.5 million as a fine for the same crime from the Incheon District Court on October 19, 2007, and a summary order of KRW 7 million as a fine from the Incheon District Court’s Branch Branch on December 29, 2014.

At around 11:00 on May 15, 2019, the Defendant driven C rocketing car while under the influence of alcohol concentration of 0.184% on the front of Michuhol-gu Incheon, Michuhol-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. An accident site photograph;

1. Previous records: Criminal records, confirmation of suspect's records and the application of a copy of each summary order attached thereto;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, previous records of driving under influence prior to about five years, and absence of any electricity exceeding a fine);

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

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