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(영문) 인천지방법원부천지원 2020.11.19 2020고단1225
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 October 6, 2011, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, and a fine of KRW 5 million from the same court on November 20, 2012.

On February 1, 2020, the Defendant, as seen above, once again, went through B Ethp Motor Vehicle while under the influence of alcohol of about 0.114% in a section of about 4km from the Do in front of a restaurant in the mutual influence in Yang-si, Kimpo-si to the shortest distance of about 1759-gil, Kimpo-si, Kimpo-si, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment to a suspect's list of related cases concerning drinking driving force), and application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that a community service order or an order to attend a lecture is fully recognized for the purpose of sentencing under Article 62-2 of the Criminal Act, the numerical value of blood alcohol concentration, operational distance, the frequency and time and interval of punishment for the same crime, and the family relation, age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc. of the defendant, shall be determined by taking into account all the sentencing conditions specified in the arguments of the case,

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