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(영문) 인천지방법원 2020.04.22 2020고단874
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 March 9, 2016, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and a summary order of KRW 3 million from the Suwon District Court to the same crime on April 24, 2019.

【Criminal Facts of Crimes】 On November 3, 2019, the Defendant driven B Track Motor Vehicle under the influence of alcohol level of about 0.173%, from the front of the restaurant in which the name in the Michuhol-gu Incheon, Michuhol-gu, Incheon is unknown to the second-class highway located in the same Gu to the second-class highway in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Criminal records as stated in the judgment: Criminal records, investigation reports, and application of each summary order statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. One year and two years and six months of imprisonment within the scope of punishment by law; and

2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after

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