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(영문) 인천지방법원 2020.11.11 2020고단5782
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 February 5, 2016, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 10:18 on June 4, 2020, the Defendant driven ENAS vehicles at approximately 1 km from the front of the Yeonsu-gu Incheon Hospital to the front road of the same Si/dong-gu, Namdong-gu, Incheon, in a state of alcohol alcohol concentration of 0.211%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on the actions against an employer driver, investigation report (report on the status of an employer driver), and report on internal investigation (Evidence No. 17);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous records of disposition, and report on results of confirmation (Attachment to a summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 sentencing conditions under Article 51 of the Criminal Act, including the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly high (abrupted by the street, etc. of India during the driving of sound driving), the time difference between the past drinking driving force, and the fact that the crime is recognized, etc., shall be determined as ordered by the sentence.

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