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(영문) 인천지방법원 2019.10.24 2019고단5153
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 March 27, 2014, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act. On August 4, 2017, the same court issued a summary order of KRW 2,00,000 for the same crime.

【Criminal Facts】

1. At around 05:10 on July 16, 2019, the Defendant driven a chip car in the state of alcohol with the blood alcohol concentration of 0.10% on the front of the Samsan History, located in Bupyeong-gu, Incheon, Seocheon-ro 381.

2. On the same day as the above 1.00 day, the Defendant was under the influence of alcohol driving as set forth in the above 1.00, and returned to the Incheon Bupyeong-gu C apartment which is the Defendant’s residence by the police officer, and thereafter, the Defendant was driving the said car under the influence of alcohol level of approximately 0.083% from the above residence to the front road of the Korean power plant located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on detection and each report on the results of the drinking driving control;

1. Inquiry report on criminal records, confirmation of criminal records of the same kind, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election Traffic,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The sentence as ordered shall be determined in consideration of all the conditions of sentencing, including the contents of each crime, the record of the crime, the age, character and conduct of the accused, and circumstances after the crime, as stated in the judgment of sentencing in Article 62-2 of the Criminal Act

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