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(영문) 인천지방법원 2020.04.23 2020고단1271

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two 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

1. The Defendant is a person who had the record of having received a summary order of KRW 3 million from the Seosan Branch of the Daejeon District Court on March 28, 2014 to a fine of KRW 3 million for a violation of the Road Traffic Act.

2. Criminal facts;

A. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a vehicle Bussl.

No driver of any motor vehicle, etc. shall threaten or threaten any other person or cause any danger to traffic by consecutively committing two or more acts from among the acts prescribed in the subparagraphs of Article 46-3 of the Road Traffic Act or by continuing or repeating one act.

Nevertheless, on January 12, 2020, the Defendant driven the above car on January 12, 2020: (a) while driving the front D road located in Michuhol-gu Incheon Metropolitan City on the surface of the main stream from the rock shooting distance protection area, and was instructed by a traffic police officer who was under the influence of drinking driving in the vicinity thereof to stop, the Defendant, without complying with such instruction, carried out a sudden driving, which repeatedly leads to a threat or danger to other drivers who had passed the same road 7 times as the traffic signal violation, twice the center line dives, etc., and caused danger to traffic.

B. On January 11, 2020, the Defendant was under the influence of alcohol level of 0.055% at around 23:55 on January 11, 2020, the Defendant driving a B slova vehicle from the Do near the Seo-gu Incheon, Seo-gu, Incheon to the front of the F building in Michuhol-gu, Incheon.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. A copy of the Defendant’s legal statement, the report on his/her parliamentary statement, and the report on the results of the drinking driving control, which is a copy of the patrol box, and a photographic and fluor video image CD copy;

1. Previous convictions in the judgment: Criminal history records (A) and the list of evidence submitted by the prosecutor of the summary order, the relevant evidence (number 20) was recorded as "written judgment" with regard to the relevant evidence.