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(영문) 인천지방법원 부천지원 2018.05.03 2018고단277

도로교통법위반(음주운전)등

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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

On December 10, 2007, the Defendant received a summary order of KRW 3 million from the Busan District Court on December 10, 2007 due to a crime of violating the Road Traffic Act (drinking driving), KRW 3 million due to a crime of violating the Road Traffic Act (drinking driving), and KRW 7 million from the Jung-gu District Court on March 12, 2013 due to a crime of violating the Road Traffic Act (drinking driving), respectively. < Amended by Act No. 11718, Apr. 26, 2012>

On January 5, 2018, the Defendant, who had a drinking alcohol driving force twice or more, driven a rocketing car from the 1km section to the road in front of a restaurant where it is impossible to identify the trade name in the south-do driving at the south-si under the influence of alcohol level of 0.124% in the blood alcohol level, without a driver’s license on January 5, 2018, from the front of the restaurant where it is impossible to identify the trade name in the south-do driving at the south-si level to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the situation of a driver driving on the vehicle, report on the results of regulating the driving of drinking, and the register of driver's licenses

1. Previous convictions in judgment: Inquiry of criminal records and investigation records, results of investigation, and application of a copy of summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Act to observe the community service order and the protection, - favorable circumstances: the defendant acknowledges and reflects wrong.

- Unfavorable circumstances: Driving under the influence of alcohol is highly likely to cause danger and substantial social harm and requires strict punishment.

On November 1, 2002, the Defendant: (a) a fine of KRW 2 million due to a drinking driving on June 26, 2006; (b) a fine of KRW 1 million due to a driving without a license on June 26, 2006; (c) a fine of KRW 3 million due to a driving with or without a license on December 10, 2007; (d) a fine of KRW 3 million due to a driving on April 6, 2012; and (e) a driving on March 12, 2013.