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(영문) 인천지방법원 2020.11.19 2020고단3892

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

[Criminal Power] On December 11, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

At around 00:20 on February 18, 2020, the Defendant driven a D again sedi XF 20d car while under the influence of alcohol content of about 0.080% in the section of about 20km from B located in Guro-gu Seoul to reaching the front of Incheon Seo-gu, Incheon.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the same summary order of a suspect);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant had been punished for drunk driving in the past, but again carried out drinking driving, and the occurrence of the accident occurred.

However, in consideration of the fact that the defendant has no record of punishment in excess of a fine, the punishment shall be determined as ordered in consideration of the degree of alcohol concentration, the circumstances in which drinking driving is discovered, the environment of the defendant, etc.