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(영문) 인천지방법원 2019.03.20 2019고단395
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 1.5 million by the same court on August 11, 2009.

【Criminal Facts】

On January 12, 2019, at around 03:56, the Defendant driven a Blux motor vehicle under the influence of alcohol concentration of 0.077%, while under the influence of alcohol, on the rooftop Alley-distance Road located in 95, as the rain of Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: References to criminal records, investigation reports (verification of criminal records of the same kind as a suspect), and application of each summary order attached thereto;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

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

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