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(영문) 인천지방법원 2019.11.22 2019고단6984
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 January 20, 2019, the Defendant was issued a summary order of KRW 3.5 million by the Incheon District Court for a crime of violating the Road Traffic Act.

【Criminal Facts】 On September 10, 2019, at around 04:35, the Defendant driven a C motorcycle while under the influence of alcohol with approximately 300 meters alcohol concentration of approximately 0.162% from the 300-meter section from the fluoral area of Bupyeong-gu, Incheon to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing summary orders;

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;

1. The defendant's age and behavior environment, motive means of crime, result of crime, circumstances after crime, etc., including the numerical value of blood alcohol concentration as stated in the judgment of sentencing in Article 62-2 of the Criminal Act, the scope of drinking alcohol level, the circumstances leading to drinking driving, etc. shall be determined as ordered by taking comprehensive account of all the arguments of this case and the sentencing conditions shown in the records.

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