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(영문) 인천지방법원 2019.07.03 2019고단2143

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 12, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and on June 19, 2013, the Defendant issued a summary order of KRW 4 million for the same crime in the same court.

Although the Defendant had any history of violating the provision on the prohibition of driving under the influence of alcohol twice or more, the Defendant driven a D 90 Do4 car at around 22:50 on March 16, 2019, from around 100 to around 0.135% of blood alcohol concentration, from around 100 meters from around 100 meters before the Yeonsu-gu Incheon Metropolitan City B to the front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1548, Apr. 2, 201

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;