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(영문) 인천지방법원 2020.05.01 2020고단922

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 February 26, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Busan District Court's Busan Branch Branch.

On January 19, 2020, at around 05:58, the Defendant driven CN-si car under the influence of alcohol concentration of 0.047% on the front of Gyeyang-gu Incheon, Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver (A) and the results of crackdown on drinking driving (A);

1. Previous convictions in judgment: Application of an inquiry inquiry report and investigation report (Attachment to a summary order), such as criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. An order of education under Article 62-2 of the Criminal Act, even though there was a figure of blood alcohol concentration for sentencing, the distance and time of drinking driving, and the record of punishment for drinking driving, resulting in considerable danger to public safety by driving in drinking condition again. The time interval between the crime of this case and the crime of this case after the last record, the time interval between the crime of this case and the crime of this case, the recognition of the crime of this case and the misunderstanding of mistake, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., shall