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(영문) 인천지방법원 2019.03.20 2019고단695
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 May 26, 2016, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on October 8, 2013, a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act was issued, respectively.

【Criminal Facts】

On January 17, 2019, at around 22:54, the Defendant driven an E-car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.116% from the section of about 200 meters from the front of the C cafeteria in Gyeyang-gu Incheon Metropolitan City to the front of the D apartment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

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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