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(영문) 인천지방법원 부천지원 2020.05.13 2019고단4259

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Criminal Power] On January 8, 2009, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 29, 2019, at around 23:35, the Defendant driven C K3 cars on the road between the infinite road located in Ansan-si and the infinite-si B, Ansan-si, and about 25 kilometers from the infinite-si road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (previous record and confirmation of a suspect), and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) around 2009, the defendant has committed the same crime at once.

The blood alcohol concentration measured was also 0.184% and it was difficult to drive normally.

(A) The Defendant’s vehicle was parked and sent by the police officer, and the Defendant was found to have been drunk. However, the Defendant’s character and behavior, age, motive and background of the crime, circumstances after the crime, the degree of blood alcohol concentration, the distance of drunk driving, and the interval between the Defendant and the Defendant’s alcohol driving under the influence of alcohol.