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(영문) 인천지방법원 2019.06.21 2019고단973
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 9, 2015, the Defendant issued a summary order of a fine of one million won by a violation of the Road Traffic Act (driving) at the Incheon District Court on November 9, 2015, and on July 14, 2017, the Defendant issued a summary order of a fine of five million won by a violation of the Road Traffic Act (driving) at the Incheon District Court on July 14, 2017.

1. At around 03:10 on January 28, 2019, the Defendant driven a e-car in the state of alcohol alcohol with approximately 500 meters alcohol concentration 0.075%, from the street in front of a restaurant located in Nam-gu Incheon Metropolitan City, Nam-gu B to the intersection located in the same Gu D.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

2. On January 28, 2019, at around 05:30 on January 28, 2019, the Defendant driven a motor vehicle with a eromatic alcohol concentration of approximately 0.116% at the 1km section from the intersection located in Nam-gu Incheon Metropolitan City D to the road located in the same Gu F.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Vehicle photographs, dactology photographs, site photographs, photographs of the ledger of use of the dactbling measuring instrument, and reports on detection of each drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports, and Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include both confessions of all crimes and reflects their mistakes.

The defendant has recently been employed.

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