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(영문) 인천지방법원 2019.05.30 2019고단1953
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On October 12, 2006, the defendant had the record of being punished for driving under the influence of alcohol more than twice by being notified of a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on October 12, 2006, and on July 22, 2016 by the same court on July 22, 2016.

【Criminal Facts】

On January 22, 2019, at around 00:25, the Defendant driven B rocketing car with the blood alcohol concentration of 0.169% 0.169% in the section of about 100 meters from the south-gu Incheon Metropolitan City to the front of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment (not less than two drinking-hours and the highest drinking-waters);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the confession of a crime and reflective acts, the fact that there is no record of punishment exceeding the fine, the fact that the crime was committed in 2006, the fact that the distance of driving is short, and other overall circumstances shown in the records);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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