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(영문) 인천지방법원 부천지원 2020.05.21 2020고단257
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On July 21, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Daejeon District Court’s Incheon District Court’s Branch.

【Criminal Facts】

On December 7, 2019, the Defendant, while under the influence of alcohol at 0.079% of blood alcohol level, driven a mixed CR-V car on the road of approximately 100 meters from C before Kimpo-si to D at the same time.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers, status of drinking drivers;

1. Previous convictions: Reference references, such as criminal records, and application of Acts and subordinate statutes of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no history exceeding the fine, the fact that there is no record that the accused has been punished three times for the same kind of crime and several times for the same crime, the fact that the accused is against the fact that there is no high level of drinking, and the interval between the previous driving);

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);

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