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(영문) 인천지방법원 부천지원 2018.07.20 2018고단1215

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 27, 2008, the Defendant issued a summary order of KRW 1 million for a violation of road traffic law (drinking driving), on December 15, 2008, a summary order of KRW 2 million for a violation of road traffic law (drinking driving), on the red support of the Daejeon District Court on December 27, 2012, a summary order of KRW 5 million for a violation of road traffic law (drinking driving), on December 27, 201, from the red support of the Daejeon District Court on December 27, 201, a summary order of KRW 5 million for a violation of road traffic law (drinking driving), and on October 14, 2016, from the Incheon District Court Branch of the Incheon District Court on October 29, 2017 to a summary order of KRW 5 million for a violation of road traffic law (drinking driving), and the judgment of probation becomes final and conclusive for a period of suspension of execution.

A person who has violated the provision on prohibition of driving under the influence of alcohol twice or more on March 23, 2018, the Defendant driven a B car under the influence of alcohol with approximately 800 meters alcohol concentration of 0.069% while under the influence of alcohol without a driver’s license from the section of about 800 meters between the 22nd side of the 402-ro, Seocheon-si, Seocheon-ro, 06:20 on March 23, 2018 to the front road of the Han-ro, 287.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in the judgment: He/she shall apply a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force and the fact that the period of suspension of execution is in progress), summary order, and text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The circumstances favorable to the defendant for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 and 55(1)3 of the Act (the defendant recognized the instant crime), and at the time of the instant crime.