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(영문) 인천지방법원 부천지원 2020.01.30 2019고단3359

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2010, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 1.0 million as a fine for the same crime in the Jungwon District Court Goyang Branch Branch on March 12, 2009.

On September 20, 2019, around 05:25, the Defendant driven a Dpoter II cargo vehicle with a blood alcohol concentration of about 0.088% at the section of about 100km from the front of Gyeonggi-si B to the front of Kimpo-si, Kimpo-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time, two times);

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power) and copies of summary orders attached thereto;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The number of the reasons for sentencing under Article 62-2 of the Criminal Act, the frequency and contents of the record of punishment for the same offense, the time interval with the crime of this case, the confession of the crime, the fact that the mistake is divided, and the age, character and conduct, environment, the background of the crime and the circumstances after the crime, etc. of all the sentencing specified in the arguments of this case shall be determined as the same as the order, in consideration of the whole sentencing conditions shown in the arguments of this case.