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(영문) 인천지방법원 2020.10.28 2020고단5137
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 October 25, 2017, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s branch court’s branch court.

【Criminal Facts】

At around 23:00 on May 12, 2020, the Defendant driven an E Car under the influence of alcohol with a blood alcohol concentration of 0.094% from the 1.8km section from the front of Incheon Strengthening-gun to the front of the D High School located in Incheon Strengthening-gun C to the front of the D High School.

Summary of Evidence

1. Defendant's legal statement;

1. Statement and circumstantial statement of the result of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, the choice of imprisonment (including reflection of the defendant's desire);

1. Article 53 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Unfavorable circumstances: The defendant had recently been punished for a drunk driving, but re-driving was done, and the defendant was also involved in the accident.

The blood alcohol concentration measured is not low.

The favorable circumstances: there shall be no power to commit any other crime other than once.

Compensation for physical damage was made.

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