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(영문) 인천지방법원 2021.02.24 2020고단9159
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has been sentenced to 6 months of imprisonment and 2 years of suspended sentence due to a violation of road traffic law at the Incheon District Court on August 26, 2015, and has four times of driving alcohol.

[Criminal facts] On August 9, 2020, at around 03:50 on August 9, 2020, the Defendant driven a Fystren vehicle under the influence of alcohol level of about 0.151% during blood in approximately 1.5km from the front road of the Incheon Bupyeong-gu Hospital C, Incheon, to the front road of the E in the same Gu.

Summary of Evidence

1. Statement by the police concerning the defendant's statutory statement G;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's criminal records, the defendant's degree of the same crime, the degree of alcohol concentration, driving background and distance, and other defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments of this case, including the circumstances after the crime.

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