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(영문) 인천지방법원 2019.03.27 2019고단363
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The Defendant issued each summary order of KRW 1.5 million on December 8, 2010, KRW 4 million on May 1, 2014, and KRW 5 million on May 2, 2016 at the Incheon District Court issued each of the summary orders on the prohibition of drinking under the Road Traffic Act more than twice.

On December 16, 2018, at around 08:22, the Defendant driven D K7 car while under the influence of alcohol content 0.173%, with approximately approximately 2.7 km section from the day before the Yeonsu-gu Incheon Metropolitan City Btel to the front road of the same Gu C commercial building.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the option of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., of the Criminal Procedure Act, even if the defendant was punished three times for the same crime as in the judgment of the court, the criminal defendant has committed a second offense, and drinking water is also high.

The defendant's liability is not minor.

However, the defendant shows his attitude to reflect his mistake, and after this case, he has made efforts to reduce the risk of recidivism by disposing of the vehicle.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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