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(영문) 인천지방법원 부천지원 2020.05.21 2020고단78

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 July 9, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch.

【Criminal Facts】

On December 28, 2019, at around 02:01, the Defendant driven C-car from the upper fluoral site in Bupyeong-si to the front road of the same city from about 400 meters from the upper fluoral site in the state of alcohol 0.073% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records on disposition, results of confirmation, and application of Acts and subordinate statutes of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da11448, Apr. 2, 201; Supreme Court Decision 201Da11448, Apr.

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);