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(영문) 인천지방법원 2019.11.28 2019고단7029
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

[Criminal Power] On August 8, 2014, the Defendant was notified of a summary order of KRW 5 million by the Incheon District Court for a crime of violation of the Road Traffic Act, etc.

【Criminal Facts】

On September 17, 2019, at around 03:07, the Defendant driven a C-Styp car at a distance of about 600 meters, which is under the influence of alcohol concentration of about 0.094%, in front of the Incheon Southerndong-gu B market.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the state of de facto operation;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act (i.e., Article 62(1) of the Act on the Suspension of Execution (i.e., that the defendant shows a misunderstanding while confession, and that there is no record of criminal punishment other

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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