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(영문) 인천지방법원 2019.08.28 2019고단3340

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 16, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act, and on June 17, 2009, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for the same crime in the same court on June 17, 2009, and was sentenced to a summary order of KRW 3 million for the same crime in the same court on November 8, 201.

Although the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol twice or more, on April 23, 2019, at approximately 200 meters from the front of the Incheon Jung-gu to the front of the C, Jung-gu, Incheon, Jung-gu, Seoul to the front of the C, the Defendant driven D's low-water vehicle under the influence of alcohol with a blood alcohol concentration of about 0.121%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of blood alcohol;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has no previous conviction for the same kind since 2012, and that he/she again does not commit any such crime while decrisoning his/her mistake in depth);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;