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(영문) 인천지방법원 부천지원 2019.10.24 2019고단2534

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 June 16, 2014, the Defendant issued a summary order of KRW 3 million on the same support as a fine of KRW 1 million for a violation of the Road Traffic Act, and on September 30, 2014, from the same support, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

At around 23:50 on July 6, 2019, the Defendant driven a Doz car in the state of alcohol with approximately 20 meters alcohol concentration of about 0.133% from the front of Dongdaemun-gu Seoul to the front of Dongdaemun-gu Seoul Metropolitan Pour.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on investigation;

1. Report on the situation of running a driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order) and application of Acts and subordinate statutes governing a summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act - The defendant recognizes and reflects the crime.

However, at the first time, the police made a false statement that the police has been gathered through a proxy driver.

- After having gone through the surrogate driver, the defendant driven a short distance to the her motherel.

Since then, it is found that the defendant filed a 112 report on the 112 of the bathing defect due to the occurrence of the vision with another person.

- The Defendant was punished by a fine of KRW 2 million for driving without a license on October 9, 2002, a fine of KRW 1 million for driving without a license on August 20, 2008, a fine of KRW 1 million for driving without a license on August 16, 2014, a fine of KRW 1 million for driving without a license on June 16, 2014, and a fine of KRW 3 million for driving without a license on September 30, 2014, and seems to have weak the awareness of compliance with driving.

- Other blood alcohol concentration.