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(영문) 인천지방법원 2020.10.07 2020고단5569
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Reasons

Punishment of the crime

On February 4, 2009, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court on February 4, 2009, and a summary order of KRW 3 million as a fine in the same court on October 6, 2014.

On 21:18 on 30. 30. 30. 20, the Defendant driven a DNA-learning car in the state of alcohol with approximately 0.035% blood alcohol concentration from the Do in front of the Seo-gu Incheon Building to the Incheon Bupyeong-gu apartment parking lot.

Summary of Evidence

1. Investigation report on the defendant's legal statement (official application of the Ba mark);

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) 3 of the Criminal Act (Article 53 and 55 (1) of the Criminal Act (Article 3 of the Act on Discretionary Mitigation, but considering the circumstances before a fine for negligence in 2006,

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Order to attend lectures under Article 62-2 of the Criminal Act (the purpose of helping prevent recidivism and return to society in consideration of the records, etc. of the defendant);

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