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(영문) 인천지방법원 2020.05.04 2020고단490

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

[criminal power] The Defendant had a record of being sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on February 10, 2015.

【Criminal Facts】

On January 1, 2020, at around 13:15, the Defendant, who had been punished for drunk driving, driven a DMW car under the influence of alcohol concentration of approximately 150 meters from a place where it is impossible to know the Seo-gu Incheon Seo-gu B World, Incheon to the front road, with approximately 0.147% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (verification of the same kind of power, etc.), such as criminal records, etc.;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the choice of imprisonment [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, and the defendant's criminal records, other than the above criminal records, are the same criminal records in 2005 and criminal records of suspension of execution due to special injury];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200Du1448, Apr. 1, 200);

1. Article 62 (1) of the Criminal Act (Special Consideration in the preceding sentence);

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