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(영문) 인천지방법원 2019.09.18 2019고단5096
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 28, 2015, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on October 26, 2017, a summary order of KRW 4 million was issued from the Suwon District Court’s Ansan Branch to the same crime.

【Criminal Facts】

At around 04:00 on July 23, 2019, the Defendant driven D Ap-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-P-P-P-P-P-P-P-P-P-P-P-P-P

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Previous convictions in judgment: Criminal records, investigation reports (report on confirmation of criminal records of the same kind of suspect), and application of each summary order attached thereto;

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 (i.e., the fact that there is no history exceeding reflectivity and fine, the vehicle has been disposed of, and the relocation of the place of residence to the place of work, etc.);

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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