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(영문) 인천지방법원 부천지원 2019.05.14 2019고단288

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 21, 2014, the Defendant issued a summary order of KRW 5 million to a fine of KRW 2 million for a violation of the Road Traffic Act at the Incheon District Court on July 21, 2014, and on March 24, 2015 by the same court on March 24, 2015.

On January 14, 2019, at around 04:39, the Defendant driven a C Carpon on a section of approximately 500 meters from the influenite-si upstream-si to the influenite-si road, in a state of alcohol alcohol level of 0.12%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and a written appraisal of alcohol during blood;

1. Previous convictions in judgment: To apply two copies of the results of inquiry into the consolidated case and the summary order, and the provisions of Acts and subordinate statutes of the Council on Criminal and Investigation Records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the crime of this case is recognized and reflected, and that there is no record of punishment exceeding the fine);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;