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(영문) 인천지방법원 부천지원 2019.05.14 2018고단3259
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On February 16, 2007, the Defendant received a summary order of KRW 700,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 100,000 for a violation of the Road Traffic Act (driving). On June 23, 2010, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Incheon District Court.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, on October 13, 2018, around 05:16, at around 05:16, the Defendant driven E-wit truck in a state of drinking alcohol concentration of about 0.198% at a distance of about 30 meters from the front of the building B in Kimpo-si to the front of the building D in Kimpo-si.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Legal statement of witness F;

1. The circumstantial report on the driver and the written appraisal of blood alcohol;

1. On-site photographs;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (reports on summary orders attached to the same type of suspect power);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had been punished three times for the violation of the Road Traffic Act, and that the Defendant’s blood alcohol concentration was considerably high, etc. are disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that there is no criminal history exceeding the fine of the defendant, and the fact that the driving distance of the defendant was over 30 meters, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing specified in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and only

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