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(영문) 인천지방법원 2020.02.19 2019고단9362
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 November 9, 201, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for a crime of violation of the Road Traffic Act, and on March 21, 2014, the Defendant was issued a summary order of KRW 4 million by the Seoul Central District Court for the same crime.

【Criminal Facts】

On November 30, 2019, at around 00:07, the Defendant driven a motor vehicle in the e-mail from approximately 30 meters away from the roads front of the mutual influence store in Gyeyang-gu Incheon Metropolitan City to the roads front of the same Gu C apartment house, with a blood alcohol concentration of about 0.136% under the influence of alcohol.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes attached thereto;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that a person drives a short distance to move a motor vehicle in distress, that is before about five years old, that there is no power exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act;

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

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