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(영문) 인천지방법원 2021.03.24 2021고단435
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On June 16, 2016, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Incheon District Court.

Although there was a power of violating the prohibition of drinking driving regulations as above, the Defendant driven a motor vehicle in the ENA city GV80 at around December 27, 2020, under the influence of approximately 500 meters alcohol concentration from the roads in front of the Incheon Michuhol-gu, Incheon around December 23:3, 2020 to the roads in front of the same Gu D, with approximately 0.084% alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of crackdown on the driver in charge;

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 provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In addition to the previous conviction in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act, the fact that the person committed the crime in spite of the past ten times of imprisonment, including the suspension of the execution of imprisonment for traffic crimes, such as drinking, driving without a license, etc., the degree of the person committed the crime, the temporal interval with the past driving force of drinking, the recognition of the crime, the support for the elderly and the elementary school students, and the second offsprings, who are the elderly and the elementary school students, are not re-offending even

The sentencing conditions of Article 51 of the Criminal Act, including normal situations, shall be determined as ordered by considering the sentencing conditions of Article 51.

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