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(영문) 인천지방법원 2020.02.05 2019고단8159
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

On October 21, 2019, the Defendant was issued a summary order of a fine of five million won by the Incheon District Court for a violation of the Road Traffic Act.

On October 22, 2019, at around 00:53, the Defendant driven a B Uicoo vehicle with a blood alcohol concentration of about 0.14% under the influence of alcohol at approximately 100 meters from the road near the Gyeyang-gu Incheon Metropolitan City Calculation Station to the front road of the exit of approximately 60 meters in the same calculation station.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the result of crackdown on drinking driving;

1. Previous convictions in judgment: References to criminal records, investigation reports, and copies of summary order attached thereto;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness and the fact that there is no record of punishment except once the recent fine for drunk driving is imposed);

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

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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