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(영문) 인천지방법원 2020.10.14 2020고단6227
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2012, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 26, 2020, at around 01:10, the Defendant driven C Copi-sports cargo vehicles at approximately 50 centimeters in the parking lot located in Nam-gu, Incheon, Nam-gu, Incheon, while under the influence of alcohol of 0.126%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and the application of the same criminal records-related 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;

1. The sentencing conditions under Article 51 of the Criminal Act, including the following: (a) the degree of the reason for sentencing under Article 62-2 of the Criminal Act; (b) the time interval with the past drinking driving force; and (c) the recognition of the crime and the absence of recidivism, etc. shall be determined as ordered by the sentence.

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