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(영문) 인천지방법원 2019.01.09 2018고단8161
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 27, 2012, the Defendant received a summary order of KRW 3 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on October 10, 2014, from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On November 4, 2018, at around 21:17, the Defendant driven C QM5 car under the influence of alcohol from the section of approximately 150 to 200 meters of blood alcohol concentration from the front road of the same Gu, around 21:2 on the same day, from the front road in Gyeyang-gu Incheon Metropolitan City, to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considering circumstances, such as the fact that he/she reflects the punishment, the fact that he/she has no criminal record of imprisonment without labor or heavier punishment, and the fact that the blood alcohol concentration is not high);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;

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