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(영문) 인천지방법원 2021.03.24 2020고단11487
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 28, 2015, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) in the resident support of the Daegu District Court.

Criminal facts

On December 14, 2020, the Defendant driven a F mother-free car under the influence of alcohol with 0.172% alcohol concentration of 0.172% in a section of 200 meters from the front street of the Guri-si B to the front street of the E in the same city D from the front street of the Guri-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement or investigation report concerning the driver who is placed in the police interrogation protocol concerning the accused (a report on the driver who is placed in the police interrogation protocol);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Selection of a criminal defendant to imprisonment with prison labor selected under Articles 148-2 (1) and 44 (1) of the Traffic Act concerning the relevant criminal facts (Consideration of the criminal defendant's influence of drinking alcohol, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity ( currently, the defendant is able not to drive alcohol in the future as he/she repents his/her mistake in depth);

being taken into account, such as being in progress)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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