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(영문) 인천지방법원 2020.01.30 2019고단8748
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 June 22, 2012, the Defendant received a summary order of a fine of 2.5 million won as a crime of violation of the Road Traffic Act from the Incheon District Court.

On November 22, 2019, at around 20:35, the Defendant driven an E rocketing vehicle under the influence of alcohol concentration of 0.062% in the section of approximately 300 meters of blood alcohol level from around 300 meters to the front of Michuhol-gu Incheon Metropolitan City B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A), investigation reports (a summary order and attachment of related cases) 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 on the suspended execution (see, e.g., the fact that the criminal conduct is recognized and reflected, the fact that there is no record of drinking alcohol driving after 2012, and that the health status is not good;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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