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(영문) 인천지방법원 2020.12.14 2020고단9434
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 is notified of a summary order of KRW 2 million at the Incheon District Court, on January 19, 2009, by a fine of KRW 1,000,000. On June 28, 2013, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) on June 28, 2013. On March 6, 2015, the Defendant was notified of a summary order of KRW 5 million.

Criminal facts

On October 18, 2020, the Defendant: (a) around 02:17, from the Namdong-gu Incheon Metropolitan City B to the front route of Incheon Dong-gu C, the Defendant driven a DNAS car with a blood alcohol concentration of about 0.190%, while under the influence of alcohol level of about 100 meters from around 100 meters, thereby violating the provision on the prohibition of drunk driving under the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, and a survey report on actual conditions;

1. Previous records: Application of criminal records, etc. and investigation reports (attached to a summary order for confirmation before driving and that for confirmation), and other relevant 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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