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(영문) 인천지방법원 2020.12.14 2020고단9275
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 17, 2013, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on September 27, 2017.

On September 30, 2020, at around 01:00, the Defendant driven a D low-speed car with approximately 5 kilometers from the front street of Yeonsu-gu Incheon Metropolitan City to the front street of Incheon Metropolitan City to the south-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on detection of the driver, and report on the actual status of the driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, the criminal records of the defendant, etc.];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no previous conviction exceeding the penalty of a fine, reflectivity, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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