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(영문) 인천지방법원 2021.02.17 2020고단9500
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 history] On May 27, 2019, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

[2] On October 8, 2020, the Defendant driven Cenz motor vehicle under the influence of alcohol with approximately 1k alcohol concentration of about 0.063% from around 22:45 to the front road of the Bupyeong-gu Incheon Bupyeong-gu, Incheon Bupyeong-ro 21, Bupyeong-gu, Singu, Sin-gu, Sin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of inquiry, summary text of an order, and other statutes;

1. The relevant law and the selection of punishment for a crime: Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment;

1. Reduction of a small amount: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service and order to attend education: The defendant's recidivism, despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act had a record of punishment for the same crime, is heavy;

However, considering the fact that the defendant is against the defendant, and there is no past history of punishment heavier than a fine, the punishment shall be determined as ordered by considering all other circumstances such as the defendant's age, environment, etc.

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