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(영문) 인천지방법원부천지원 2020.10.22 2020고단2622

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 became final and conclusive.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant received a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) from the Incheon District Court.

On June 19, 2020, around 10:30 on June 19, 2020, the Defendant driven Cmast Mablel car on the section of about 10km from the front of the Jeju Jeju Jeju Island to the front of Seocheon-si B, with a blood alcohol concentration of 0.103% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and