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(영문) 인천지방법원 2020.09.23 2020고단5399
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

On August 9, 2007, the Defendant received a summary order of KRW 4.5 million from the Incheon District Court due to a fine of KRW 4.5 million due to a violation of the Road Traffic Act (driving). On May 22, 2008, in the same court on May 22, 2008, six months of imprisonment and two years of suspended execution, and in the same court on June 28, 2010, a fine of KRW 5 million was imposed due to a violation of the Road Traffic Act (driving).

On June 7, 2020, at around 23:09, the Defendant driven a F Cargo Vehicle while under the influence of alcohol, which is about 0.14% of blood alcohol concentration, from a 100-meter section around the arrival site of the C, located in Incheon, to the front road of E located in D from the Do near the arrival site of the C, Incheon, the Defendant driven a F Freight Vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same type of criminal records and the judgment), and application of three copies of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( although the accused may have a record of traffic crimes, such as violation of the Road Traffic Act, considering the circumstances before and after the year 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Order to attend lectures under Article 62-2 of the Criminal Act (the purpose of helping prevent recidivism and return to society in consideration of the records, etc. of the defendant);

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