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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1665

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has received a summary order of KRW 500,000 from the Seoul Eastern District Court on November 9, 2007 due to a crime of violation of road traffic law (drinking) and a crime of violation of road traffic law at the Seoul Northern District Court on January 4, 2008.

[2] On March 17, 2018, the Defendant was under the influence of alcohol level of 0.194% during blood in around 03:24, the Defendant driven a B-Woon car in the section of about 17km from the 181km-ro, Kimpo-si, Kimpo-si, Kimpo-ro, Kimpo-ro, 30km-ro, Kimpo-ro, 181.

As a result, the Defendant had a record of violating the prohibition on drinking at least twice, driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, reports on the circumstances of the driver under the influence of alcohol, reports on the situation of the driver under the influence of alcohol, and written appraisal of alcohol during blood;

1. Previous convictions in judgment: Inquiry of criminal records and investigation records into criminal records, investigation reports (the previous confirmation of the previous records), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant, as stated in its reasoning, has been punished by a fine on two occasions due to driving under drinking, but has again driven under drinking without being able to do so.

- provided, however, that the defendant has committed a misunderstanding and has not committed a second offense.