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(영문) 인천지방법원 2019.10.24 2019고단4628
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On November 27, 2012, the Defendant was issued a summary order of KRW 4 million at the Incheon District Court as a crime of violation of the Road Traffic Act, and on June 29, 2017, the Defendant was sentenced to a suspended sentence of three years for one year and six months.

【Criminal Facts】

On June 7, 2019, at around 21:25, the Defendant driven a FK5 car in the state of alcohol alcohol concentration of about 0.129% from around 700 meters to the D apartment E-dong parking lot in Michuhol-gu Incheon, Michuhol-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Reports on internal investigation (cases in violation of the Road Traffic Act), and investigation reports (report on the situation of a host driver, confirmation of CCTV at the site, and confirmation of CCTV at C points);

1. Notification of the control of drinking driving;

1. Each CCTV photograph;

1. Previous convictions: Criminal records, confirmation during a period during which criminal records are suspended, copies of written judgments, and copies of summary orders;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Not only the blood alcohol concentration measured at the time of detection of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was considerably high, but also the Defendant was punished five times due to drunk driving, and the final criminal conviction was conducted on December 30, 2016 and without a license.

The crime that caused a traffic accident and caused personal injury was punished for suspended execution as stated in the records of the crime records, and the crime of this case committed during the suspended execution period.

Before confirming CCTV images at an investigation agency, the Defendant denied the fact of drunk driving and showed a sudden appearance only on the face of punishment.

Although the defendant is currently erroneous, and is against the situation, the distance of driving is relatively long, and the drinking driving of this case is the driving of this case.

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