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(영문) 인천지방법원 2020.02.19 2020고단19

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

On September 27, 2018, the Defendant was issued a summary order of a fine of KRW 1.5 million by the Incheon District Court for a violation of the Road Traffic Act (the crime of August 31, 2018).

At around 01:00 on November 19, 2019, the Defendant driven a rash car with a blood alcohol concentration of about 0.093% in a section of about 200 meters from the roads near Mapo-gu Seoul Metropolitan Government Joint Station to the roads front of the same Gu Joint Station.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Attachment of a summary order) and application of the summary order attached thereto;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness and driving skills only one time, and the fact that there is no past record exceeding the fine);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;