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(영문) 인천지방법원 2020.01.22 2019고단7842
도로교통법위반(음주운전)등
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 February 20, 2019, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 02:00 on May 30, 2019, the Defendant driven BCor or a car while under the influence of alcohol concentration of 0.175% without a vehicle driver’s license at a section of about 5km from the front of the exit road of Incheon Gyeyang-gu to the front of the exit road of Incheon Seocheon-gu, Incheon, Seocheon-gu, Incheon.

2. The Defendant is a person engaging in driving a B nose or a car.

At around 02:00 on May 30, 2019, the Defendant was waiting for the signal at the intersection in front of the operation station in Gyeyang-gu Incheon Gyeyang-gu, Incheon Metropolitan City, the Defendant left the said vehicle, and did not immediately stop and take necessary measures so that the victim C driver's DK5 siper is shocked to the lower end of the said vehicle, and the repair cost equivalent to KRW 920,870 is damaged to the lower end of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, insignificant damage, matters agreed with the victim, and matters that have no power exceeding the fine);

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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