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(영문) 인천지방법원 부천지원 2020.05.07 2019고단3861
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 of the final judgment.

Reasons

Punishment of the crime

On December 1, 2006, the Defendant issued a summary order of KRW 1 million as a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch Branch on December 1, 2006, and on October 16, 2012, the Defendant issued a summary order of KRW 2 million as a fine at the Incheon District Court’s same crime.

On October 31, 2019, the Defendant, while under the influence of 0.133 percent of blood alcohol alcohol, driven a C Ecoo vehicle on the road within approximately one kilometer of approximately 1 kilometer from the G Kimpo-si parking lot to the front line of about 1-191 City/Do 5.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Previous convictions: Application of criminal records, repeated statements, copies of summary orders, and Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);

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