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(영문) 인천지방법원 부천지원 2018.11.28 2018고단2731

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] On November 20, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 for a fine of KRW 1,500 for a crime of violation of road traffic law at the Busan District Court’s Busan District Court’s Branch Branch on February 7, 201, a summary order of KRW 1 million for the same crime from the same support on February 7, 201, and a summary order of KRW 5 million for the same crime at the Seoul Southern District Court on May 1, 2014, respectively.

[Criminal facts] On October 8, 2018, the Defendant driven B Rab under the influence of alcohol level of about 0.066% in a section of about 50 meters, from around 1:98 to around 17-59:59 of the 500-gil, which was from the pre-road in the long-term dong of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's history of punishment for driving drinking), and a copy of 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. 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 was punished three times by a fine due to drinking driving and driving without a license, but was also driving at once.

It is weak that compliance consciousness is weak.

- However, the defendant has divided his mistake.

- There is no past record that the Defendant was punished beyond the fine prior to the instant case.