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(영문) 인천지방법원 부천지원 2019.02.21 2018고단2988
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 26, 2010, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 26, 201, and a fine of KRW 2.5 million at the same court on April 12, 2010.

On November 3, 2018, the Defendant was under the influence of alcohol of 0.113% in blood alcohol concentration at around 05:08, and driven D vehicles at approximately 30km from the roads near the Seocho-gu Seoul Metropolitan Government to the roads in the front of Seocheon-gu Seoul Metropolitan City.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstance of a driver under the influence of alcohol and report on the result of regulating drinking;

1. Previous convictions: Investigation of criminal and investigation records records, investigation reports, and copies of summary order in two copies of the summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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;

1. The sentencing of Article 62 of the Criminal Act provides that the accused has a previous conviction of two times of fines due to the same kind of alcohol driving force, the accused is considerably high at 0.113% of blood alcohol concentration, driving distance is considerably high, and the driving distance is considerably high, etc. disadvantageously considered, and the sentence shall be determined like the order, considering the favorable circumstances that are favorable to the reflection.

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