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(영문) 인천지방법원 2019.10.17 2019고단5569
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 of the final judgment.

Reasons

Punishment of the crime

On January 28, 2011, the defendant was sentenced to a suspended sentence of two years in October 201 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act in the Daejeon District Court's branch court.

On July 4, 2019, at around 21:05, the Defendant driven a B chipG car in the state of alcohol alcohol concentration of approximately 5 km from the Cheongradong, Seo-gu, Incheon, Incheon to the front road of 16.4km points in Seoul, Gyeyang-gu, Incheon Metropolitan City Cheongdo Highway from the 16.4km point in front of the Incheon Corpon.

As such, the Defendant violated Article 44(1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that there are several criminal records of the same kind, but the defendant shows his misunderstanding while making a confession;

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

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