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(영문) 인천지방법원 2019.11.21 2019고단6863
도로교통법위반(음주운전)
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 September 13, 2017, the Defendant issued a summary order of KRW 3 million at the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on December 31, 2015, the Incheon District Court issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 10, 2019, around 06:23, the Defendant driven an E K7 vehicle under the influence of alcohol content of about 0.140% from a section of approximately 200 meters from the street in front of a restaurant in Jung-gu Incheon Metropolitan City B to the street in the same Gu D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (a summary order attached to the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election Traffic,

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 as ordered shall be determined by taking into account all the sentencing conditions, including the content of the crime with respect to sentencing as indicated in the judgment of sentencing in Article 62-2 of the Criminal Act, the fact that the defendant misleads the defendant, the criminal records, the age, character and conduct of the defendant,

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