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(영문) 인천지방법원 2020.11.20 2020고단7003
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 7, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Seoul Southern District Court, and a summary order of KRW 2 million as a fine from the Incheon District Court to the same crime on April 8, 2016.

【Criminal Facts】

On July 12, 2020, at around 18:19, the Defendant driven a Cren Karen car with a blood alcohol concentration of about 0.120% from the 15km section from a place where it is impossible to know less than the crew of Incheon, Incheon, Incheon, to the front road of Incheon, Incheon, the Defendant driven a Cren Karen car with a alcohol concentration of about 15km.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and report on circumstantial statements;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant laws and the choice of punishment concerning facts constituting a crime: Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and order to attend a probation office: The criminal defendant with the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had a record of two times punishment for the same crime, is heavier than the crime;

However, considering the fact that the defendant is against the defendant, and that the vehicle driven after the crime of this case is scrapped to not repeat again, the punishment as ordered shall be determined by taking into account all the circumstances such as the defendant's age, environment, etc.

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