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(영문) 인천지방법원 부천지원 2018.07.23 2018고단1380
도로교통법위반(음주운전)
Text

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

[criminal history] On August 26, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million due to a violation of road traffic law (dacting driving) at the Busan District Court’s Branch Branch on August 26, 2008, and on May 11, 2015, the same court issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of

[2] The Defendant, despite the fact that he violated the foregoing provision on the prohibition of drinking driving twice or more times, once again, was in violation of this provision, driving C rocketing car under the influence of alcohol with 0.196% alcohol concentration at the 1m section on May 17, 2018 on the front side of Busan Metropolitan City around 23:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the driving of drinking alcohol is highly dangerous and considerable social harm is needed.

The defendant has been sentenced to two times a fine as stated in the same record of driving under the influence of alcohol in the same kind, and the defendant is considerably high at 0.196% a alcohol concentration while driving under blood, taking into account unfavorable circumstances, such as the occurrence of an accident during driving under the influence of alcohol, and taking into account the favorable circumstances, the punishment shall be determined like the order, taking into account the reflected facts into consideration.

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