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(영문) 인천지방법원 2019.02.20 2019고단52

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

Punishment of the crime

[criminal power] On October 29, 2009, the Defendant was punished on two or more occasions by a person who has been sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on February 23, 2012, by being notified of a summary order of KRW 2 million by the same court as the same crime.

【Criminal Facts】

On December 18, 2018, at around 00:18, the Defendant driven an E-high-speed car with a blood alcohol concentration of 0.078% under the influence of alcohol at approximately 1.6 km from the front of the Dong-gu Incheon Metropolitan City D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 (i.e., the reflection of the fact that the punishment is imposed, the fact that the imprisonment without prison labor or heavier punishment is not imposed, and the blood alcohol concentration is not relatively high);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Social service order under Article 62-2 of the Criminal Act;