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(영문) 인천지방법원 2020.02.19 2019고단9463
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

On December 24, 2015, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violation of the Road Traffic Act at the Incheon District Court, which was sentenced to a suspended sentence of 3 million won for a crime of violation of the Road Traffic Act at the Incheon District Court on June 25, 2012, and was sentenced to a summary order of 3 million won for a crime of violation of the Road Traffic Act at the Incheon District Court on June 9, 2009. On May 31, 2007, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan Branch on June 25, 2012.

On December 4, 2019, at around 21:27, the Defendant driven DMW GT car in the state of alcohol alcohol concentration of about 0.052% from approximately 670 meters from the front of the Seo-gu Incheon Building to the front of the Seo-gu Incheon Western apartment road.

As a result, the defendant violated the punishment provisions on the prohibition of drunk driving or refusal to take a drunk test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions: Criminal records, written opinions, and judgment attached thereto, and application of Acts and subordinate statutes concerning summary order;

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 (see, e.g., reflectiveness, the low drinking level, the previous records of driving under the influence of alcohol prior to about four years, the previous records of driving under the influence of alcohol prior to about four years, and the support for children neglected);

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

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

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