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(영문) 인천지방법원 2020.01.29 2019고단8649

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.


Criminal facts

On November 24, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had the power of violating the provision prohibiting driving under the influence of alcohol, around November 21, 2019, around 13:15, the Defendant driven a car at D horse with a blood alcohol level of about 0.039% under the influence of alcohol level of about 2 km from the front side of C, located in Seo-gu Incheon, Seo-gu, Incheon, to the front side of the Clock Stet, located in 806, according to the same Gu’s salary water.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of previous records of driving the same kind of motor vehicle);

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., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;