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(영문) 인천지방법원 2020.09.23 2020고단5563
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 November 9, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act, and on October 19, 2012 at the Seoul Northern District Court, the Defendant was sentenced to imprisonment for 8 months and suspension of execution for the same crime.

On April 11, 2020, at around 08:10, the Defendant driven B racing car while under the influence of alcohol, which is about 0.165% of blood alcohol concentration, from the Do near the culture distance of Bupyeong-gu Incheon Metropolitan City to approximately 1417-o, 100 meters from the Do near the culture street of Bupyeong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as a criminal record, etc. inquiry report, investigation report, summary order, one copy of judgment, and one copy of judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( although the accused may have a record of traffic crimes, such as violation of the Road Traffic Act, considering the circumstances before and after the year 2012);

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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