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(영문) 인천지방법원부천지원 2020.09.24 2020고단2531
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On June 23, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court on March 16, 2009, a fine of KRW 1.5 million by the same court on March 16, 2009, a fine of KRW 7 million by the same court on October 7, 201, and a fine of KRW 10 million by the same court on September 23, 2014.

On June 9, 2020, the Defendant, while under the influence of alcohol of 0.230% of blood alcohol concentration, driven B-ho vehicle on the road located within approximately two kilometers from before the mutual influence restaurant located in Kimpo-si, Kimpo-si to the front of the long-term underground vehicle located in Kimpo-si, Kimpo-si.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant’s legal statement, report on his state of his driving, investigation report (report on the state of his driving), notification of the control of his driving under the influence of alcohol, report on the state of his driving under the influence of alcohol, and the report on the state of his driving under the influence of alcohol, and

1. Previous records: Application of criminal records, inquiry reports and summary order-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. Suspension of execution under Article 62 (1) of the Criminal Act (Calculation into the fact that it is reasonable to have a record of driving and drinking alcohol, but the defendant recognizes the crime of this case and reflects the fact that the defendant has no record of exceeding the fine, etc.);

1. It shall be decided as ordered for the reason of probation, community service and order to attend education under Article 62-2 of the Criminal Act or more;

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