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(영문) 인천지방법원 2019.09.25 2019고단4570

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On November 8, 2012, the Defendant issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on Seoul Southern District Court on December 31, 2013, a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on December 31, 2013, and on January 28, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years by imprisonment for a violation of the Road Traffic Act at the Incheon District Court on January 28, 2016, and a fine of KRW 8 million by a fine at the Incheon District Court on July 19, 2017.

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol as above, around June 26, 2019, around 23:28, the Defendant driven a vehicle with DMW530 while under the influence of alcohol 0.06% from the 100-meter section from the roads adjacent to the Southern-gu Incheon Metropolitan City B apartment, Nam-gu, Incheon, to the front road of the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of criminal records);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was sentenced to a suspended sentence of two years in the Incheon District Court on January 28, 2016 due to the crime of violation of the Road Traffic Act, which was committed by the defendant two times after he/she was sentenced to a fine for the crime of violation of the Road Traffic Act (driving). While he/she was sentenced to a fine by the Incheon District Court on July 19, 2017 in relation to the crime of violation of the Road Traffic Act (driving) committed again during the grace period, he/she again committed the crime of this case. Thus, the defendant has to be sentenced to a sentence equivalent to the nature of the crime and the circumstances of the crime.

However, the defendant's mistake is divided in depth, and it is re-written.