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(영문) 인천지방법원 2021.02.24 2020고단7405

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On November 22, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

[Criminal facts] On July 16, 2020, around 09:52, the Defendant driven a Dannb vehicle under the influence of alcohol concentration of about 0.069% in blood from around 300 meters from the front of the Seo-gu Incheon Seo-gu building to the third distance in the same Gu C.

Summary of Evidence

1. Court records of police seizure, and list of seizure of the defendant;

1. Investigation report (report on the situation of the driver in charge); and

1. Written appraisal of alcohol concentration in the blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same summary order);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 51 of the Criminal Act, including the following: (a) the degree of the reason for sentencing under Article 62-2 of the Criminal Act; (b) the time interval with the previous drinking driving force; (c) the attitude of the investigative agency is not good; (d) the recognition of the crime; and (e) the fact that the so-called “nicking driving” appears to be a prior driver, etc.