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(영문) 인천지방법원 부천지원 2019.10.07 2019고단1891

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Incheon District Court's Branch Branch on November 1, 2012, and on August 4, 2017, the Defendant received a summary order of KRW 4 million from the Incheon District Court's Branch Branch of the Incheon District Court and received a summary order of KRW 4 million on at least two occasions.

At around 02:40 on June 1, 2019, the Defendant driven an E rocketing motor vehicle with approximately 500 meters alcohol concentration of 0.112% under the influence of alcohol over the same time from the roads adjacent to the “C” located in Seocheon-si B to the front road of the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, notification of the results of crackdown on drinking, and field photograph of crackdown;

1. Previous convictions indicated in his/her judgment: The criminal records, the list of related cases, and the application of Acts and subordinate statutes in two copies;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62 of the Criminal Act under Article 62 of the Act on the Order of Community Service and Order to Attend a lecture has two previous convictions of fines for the defendant for the same kind of drinking driving skills, and the defendant has been sentenced to fines once due to driving without a license, and the defendant is considerably high by 0.112% of blood alcohol concentration, the defendant was driving while driving, and was considerably high enough to the extent that he was locked, and a sentence like the order shall be determined by taking into account the circumstances favorable to