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(영문) 인천지방법원 2020.07.22 2020고단3168
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 18, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc., and two years by imprisonment with prison labor for the same crime at the Incheon District Court on November 15, 2017, respectively.

At around 14:00 on December 3, 2019, the Defendant driven D Cargo Vehicles while under the influence of alcohol 0.158% in the 7km section from Gyeyang-gu, Incheon Metropolitan City to the front road of the Criju station located in the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the control results of drinking driving and the investigation report (on-site reports on the circumstances of drinking drivers);

1. Previous convictions in judgment: Criminal history records, inquiry records, application of court rulings and other statutes;

1. In light of the sentencing conditions under Article 51 of the Criminal Act, including the following circumstances: (a) the pertinent provision on criminal facts; (b) Articles 148-2(1) and 44(1) of the Road Traffic Act regarding the selection of a sentence; (c) the driving of a cargo vehicle by taking seriously three soldiers of the reason for sentencing a sentence of imprisonment option; (d) traffic accidents have occurred; (c) the driving without a license has been repeated since 2001; (d) the driving without a license; (e) re-offending the vehicle only after the lapse of the suspended sentence period due to a drunk driving; and (e) the hospitalization of a military inmate who is receiving a treatment for alcohol remaining after the outbreak of alcohol alcohol alcohol alcohol

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