(영문) 인천지방법원부천지원 2020.11.05 2020고단729

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(영문) 인천지방법원부천지원 2020.11.05 2020고단729

도로교통법위반(음주운전)

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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

On March 4, 2020, the Defendant received a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch.

At around 08:20 on 17, 202, the Defendant driven a D B B-L car on the road from approximately 1.1km to approximately 1.1km from the front of the Seocheon-si to the front of the same Si, while under the influence of alcohol by 0.143% of blood alcohol level.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. On-site photographs;

1. Before judgment: The application of the defendant's legal statement, investigation report (report on confirmation of the criminal records of the same kind), and the application of Acts and subordinate statutes in attached Form of indictment No. 4336 of 2020;

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. The punishment shall be determined by taking into consideration all the sentencing conditions specified in the pleadings of the instant case, such as the fact that an order to provide community service or attend lectures is again carried out for a short period of punishment under Article 62-2 of the Criminal Act, the fact that there is no record of crime except for the previous conviction in the judgment, the fact that the crime is recognized, the numerical value of blood alcohol concentration, the distance of operation, the family relationship, age, character and conduct, environment, circumstances after

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