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(영문) 인천지방법원 부천지원 2019.02.20 2018고단3365
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 11, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Incheon District Court’s Vice-Support on January 31, 2012, a summary order of KRW 1.5 million for the same crime from the same support on January 31, 2012, and a summary order of KRW 8 million for the same crime from the Incheon District Court on October 25, 2012, respectively. On October 17, 2013, the Defendant was sentenced to a summary order of KRW 8 million for the same crime from the Incheon District Court’s Vice-Support of the Incheon District Court on October 17, 2013, and the sentence became final and conclusive on October 25, 2013.

【Criminal Facts】

On November 20, 2014, around 21:44, the Defendant driven a Clearning car under the influence of alcohol content of about 1 km from the one-dong Terminal near the one-dong, one-dong, one-dong, one-dong, to the B entrance road at Seocheon-si, one-km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver's license, the report on the situation of the driver's license, and the report on blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

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. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions for sentencing under Articles 53 and 55(1)3 of the Criminal Act, such as discretionary mitigation, blood alcohol concentration, driving distance, age, occupation, occupation, character and conduct, family relationship, living environment, circumstances leading to the commission of the crime, and circumstances after the commission of the crime.

- drinking driving is highly dangerous and social harm is considerable, so it is necessary to impose severe punishment.

- The Defendant was already punished by a fine and a suspended sentence of imprisonment due to drinking driving, but was driving under drinking again during the grace period.

- Taking into account the fact that the defendant has divided his mistake.

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