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(영문) 인천지방법원부천지원 2020.12.08 2020고단2603

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 24, 2017, the Defendant was sentenced to six months by the Suwon District Court for a violation of the Road Traffic Act (unlicensed Driving) and was released on April 30, 2018 during the execution of the sentence in a female prison, and the parole period was expired on May 8, 2018.

On October 7, 2015, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch's Ansan Branch's Support on the same crime. On July 24, 2016, the Defendant received a summary order of a fine of four million won for the same crime.

On May 16, 2020, at around 02:24, the Defendant driven a DNA car under the influence of alcohol with a maximum of about 40 kilometers of alcohol content 0.081%, from the front of C in Sincheon-si B to the road near the 0km-Myeon of the Guncheon Highway.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. The circumstantial statement of the employee;

1. Investigation reports (report on the circumstances of the driver concerned) and investigation reports (demark);

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, summary orders and investigation reports (verification of the period of repeated offense);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances were taken into account in sentencing sentence, such as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

Basic matters: Drinking volume, etc. - Unfavorable circumstances: The fact that a person was guilty of violating traffic-related Acts and subordinate statutes, such as drunk driving, driving without license, etc., and the fact that the person was guilty of violating traffic-related Acts and subordinate statutes, including once a sentence is sentenced, once a suspended sentence, once a suspended sentence, etc. - A favorable circumstances, such as the fact that the person was committed during the period of repeated crime, appears to have an attitude