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(영문) 인천지방법원 2020.08.13 2020고단5034
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 3, 2015, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

Around 02:00 on June 6, 2020, the Defendant driven a motor vehicle in the E Spart area from around 500 meters away from the Do near Incheon Southerndong-gu to the road located in Namdong-gu, Incheon, the Namdong-gu, Incheon, under the influence of alcohol level of 0.131%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on detection of the accused's statutory statement in violation of the Road Traffic Act, inquiry into the results of the regulation of drinking and driving, report on the situation of drinking drivers, report on the situation of drinking drivers, circumstance report on drinking drivers, photograph of the accused who is in the driver's seat, photograph of alcohol measurement, photograph of measured values, photograph of drinking time and distance specified by the accused;

1. Previous convictions: Application of the same criminal records, inquiry results, and Acts and subordinate statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant admits his mistake, the fact that the defendant has been punished once for the same kind of crime, and the fact that he shows his will to eradicate drinking driving);

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

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