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(영문) 인천지방법원 2021.03.24 2020고단10790

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 5, 2016, the Defendant was issued a summary order of KRW 1,50,00,000 in Incheon Non-Support for the violation of the Road Traffic Act (drinking driving).

Criminal facts

On November 11, 2020, around 200:56, the Defendant driven C 3 freight cars while under the influence of alcohol with approximately 1km alcohol concentration of about 0.175% in blood from the 1km section from the dong, Mancheon-gu, Incheon, Seocheon-gu, Incheon to the front road of the same Gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (Consideration of the defendant's drinking records, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity ( currently, the defendant is able not to drive alcohol in the future as he/she repents his/her mistake in depth);

being taken into account, such as being in progress)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;