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(영문) 인천지방법원 2020.01.08 2019고단7780
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

On October 6, 2014, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.

On July 20, 2019, around 09:30, the Defendant driven a mixed-bluent mick with D while under the influence of alcohol content of 0.109% from the 20km section of around 00km to the south Dong-gu, Incheon, Namdong-gu's Southern-si's Southern-si's Southern-si's Southern-si's Southern-si's Southern-si's Southern-si's Southern-si's Southern-dong.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness and the previous records of driving under influence only one time before about five years prior to the previous records of driving under influence);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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