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(영문) 인천지방법원 2020.10.16 2020고단6715
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 December 22, 2006, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for a violation of the Road Traffic Act, and on February 23, 2018, issued a summary order of KRW 4 million by the Incheon District Court for a violation of the Road Traffic Act.

【Criminal Facts】 On June 14, 2020, at around 01:08, the Defendant driven Cnit vehicle under the influence of alcohol at approximately 2km section from the front of the Seo-gu Incheon Seo-gu Incheon Western apartment to the so-called 321 in Seo-gu, Seo-gu, to the so-called the so-called the so-called the so-called the so-called the so-called cnit vehicle.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Photographs taken to drink alcohol;

1. Previous records of judgment: Criminal records, etc., inquiry report (A), investigation report (report on the sign of the same kind of power), copies of judgment, previous records of disposition and report on the results of confirmation, and application of Acts and subordinate statutes of a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Defendant, who is disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, was punished by a fine due to drunk driving in 2006, and was punished by a fine due to drunk driving in 2018 relatively recent years, but again committed the instant crime of drinking alcohol driving. The possibility of criticism is high.

The defendant's blood alcohol concentration is very high.

The defendant's mistake is recognized in favor of the favorable normal defendant.

There is no history that the defendant was punished in excess of a fine.

In addition, in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, and the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime is committed, the punishment as ordered.

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