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(영문) 인천지방법원 부천지원 2018.08.09 2018고단1194

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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] On June 15, 2002, the Defendant was sentenced to a fine of two million won as a crime of violating road traffic law in the Incheon District Court’s Vice-Support on November 13, 2012, and was sentenced to a fine of five million won for the same crime in the same court on November 13, 2012, and was sentenced to a fine of five million won for the same crime in the same court on January 15, 2013.

[Criminal facts] On May 10, 2018, the Defendant driven a Category B car with alcohol content of about 150 meters at approximately 0.237% while under the influence of alcohol, from the first apartment day before the apartment day to the front day of the day after the day after May 10, 2018, at around 10:00, the Defendant driven a Category B car with alcohol content of at least 0.237% in blood.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports, reports on the circumstances of the driver who is placed in driving, and inquiries about the results of crackdown on drinking;

1. Previous conviction: Application of a written inquiry, a written inquiry, such as criminal history, investigation report (the confirmation of such previous history), and a summary order;

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. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was punished by a fine of three times due to drinking driving, etc., as indicated in the judgment of the lower court. While the Defendant was punished by a fine of five million won on November 13, 2012 due to driving under drinking, and was punished by a fine of five million won on January 15, 2013 due to driving without a license or driving under drinking, the Defendant again committed the instant crime even though he/she was punished by a fine of five million won on January 15, 2013.

In the case of drinking driving, there is a need to strictly punish because of great social harm, and the defendant's awareness of compliance with driving is very weak.

I seem to appear.

The alcohol concentration in blood is considerably high by 0.237%.

However, the defendant is against himself; and