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(영문) 인천지방법원 2019.07.17 2019고단3677

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On March 20, 2009, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on July 8, 2016, a summary order of KRW 2 million was issued from the Incheon District Court to the same crime.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, on May 20, 2019, the Defendant driven a Ctra XG car in the state of under the influence of alcohol with approximately 0.153% of alcohol level from around 21km to the roads of Michuhol-gu Incheon Metropolitan City B apartment, from around May 20, 2019 to around 00:02.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of a copy of criminal records and summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (including the fact that the defendant has no record of

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;