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(영문) 인천지방법원 부천지원 2020.06.18 2020고단57
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 6, 2006, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Busan District Court’s Vice-Support on November 6, 2006

【Criminal Facts】

Around 23:32 on December 14, 2019, the Defendant driven a D horse-type car on the road located in approximately 300 meters from the front side of Kimpo-si B drinking tree in his/her blood alcohol concentration of 0.166 percent to the front road of the same city, while under the influence of alcohol around 23:32.

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

around 06:53 on December 31, 2019, the Defendant driven a DNA horse with a blood alcohol content of about 6 km from approximately 0.066% to the front road of G Hospital located in Goposi-si, Seoyang-si and Kimpo-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

"200 Highest 57"

1. Defendant's legal statement;

1. “The actual condition report of a drinking driver, an investigation report, an investigation report, the results of the control of drinking driving, the inquiry into the results of the control of drinking driving, and the blood alcohol appraisal report”;

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a photograph of the scene of the accident, a crime preventionCCTV image, a report on the results of the control of drunk driving, a report on the actual condition of a drinking driver, a report on the blood alcohol appraisal, and a

1. Previous records of judgment: Criminal records, inquiry reports (suspects' previous records and attachment of judgments), application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment 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 defendant under Article 62(1) of the Criminal Act, even though he/she has been punished for the same kind of crime, is likely to be subject to criticism if he/she drives under the influence of alcohol again after being investigated as a drunk driving.

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