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(영문) 인천지방법원 2019.09.04 2019고단4815
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On November 14, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s Jung-Eup branch on November 14, 2008, and the said summary order was finalized on December 17, 200, and on June 17, 2019, the Defendant committed a crime under the influence of alcohol 0.114% under the influence of alcohol around 20:53.

7.3. Power of violating Article 44(1) of the Road Traffic Act, such as summary indictment, to the Incheon District Court at least twice.

On June 17, 2019, at around 21:30, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of 0.098% from the front of the community service center located in Jung-gu Incheon Metropolitan City, to the same Gu C apartment underground parking lot.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of copies of summary order), and application of Acts and subordinate statutes concerning investigation reports (Attachment of indictment);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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