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(영문) 인천지방법원 부천지원 2018.02.22 2018고단24

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

On April 23, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Seoul Western District Court on April 23, 201. On August 3, 2011, the Defendant was sentenced to a fine of seven million won for a crime of violating road traffic laws at the Seoul Southern District Court.

On December 3, 2017, at around 05:20, the Defendant driven a C Car under the influence of alcohol with approximately 100 meters alcohol concentration 0.092% from a section of approximately 100 meters to the front road of the Eart distance located in the same Dong-si, Eup, Myeon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Each photograph;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. In light of the circumstances, such as observation of protection, community service order and order to attend a lecture, the fact that the defendant, for the reasons of sentencing under Article 62-2 of the Criminal Act, has a number of times including a suspended sentence of imprisonment, etc., the same drinking records may be included in the sentence of imprisonment, and the punishment shall be determined as ordered in consideration of all the circumstances, such as the reflection of reflect, alcohol concentration during blood,