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(영문) 인천지방법원 2020.04.24 2020고단2235

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】 On September 16, 201, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a crime of violating the Road Traffic Act.

【Criminal Facts of Crimes】 Around February 22, 2020, the Defendant driven a D’s machine under the influence of alcohol level of about 0.112% from the 4km section from Jung-gu, Incheon, Jung-gu to the same Gu B and C’s roads.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Criminal records as stated in the judgment: Criminal history records, inquiry reports, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. One year and two years and six months of imprisonment within the scope of punishment by law; and

2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after