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(영문) 인천지방법원 2019.03.22 2019고단8
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 December 4, 2014, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime in the same court on November 26, 2013, respectively.

On December 2, 2018, the Defendant driven a CNs G70 car in the state of alcohol alcohol concentration of approximately 0.079% from the 10km section of approximately 10km to the front road of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon on the same day from around 22:30 on the same day.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act, reporting on the circumstances of driving under the influence of alcohol, and inquiry into the results of crackdown on driving under the influence of alcohol;

1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report, an investigation report, and the application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The number of the reasons for sentencing under Article 62-2 of the Criminal Act, the distance and time of drunk driving, and the record of punishment for drunk driving again, resulting in considerable danger to the public safety by driving in drinking condition. The time interval between the crime of this case and the crime of this case after the last record, the time interval between the crime of this case and the time of the crime of this case, the recognition of the crime of this case and the misunderstanding of mistake, and other sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, the environment, the circumstances after the crime, and the circumstances after the crime, etc.

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