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(영문) 인천지방법원 2019.10.30 2019고단5985
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 March 8, 2011, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and on October 14, 2013, from the Incheon District Court to a fine of KRW 1.5 million to a crime of violation of the Road Traffic Act.

On August 19, 2019, at around 04:30, the Defendant driven a Cbents CWS350 vehicle with a blood alcohol concentration of about 0.10% 0.10% in the section from the Nam-gu Incheon Metropolitan City to the front road of the same Gu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Drinking softers;

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition, results of confirmation, and application of each summary order Acts and subordinate statutes;

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, previous records of driving under influence prior to about six years, and support for wife and children);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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