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(영문) 인천지방법원 부천지원 2018.11.15 2018고단2496
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 July 12, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Southern District Court on July 12, 2012, and on September 3, 2012, the Seoul Southern District Court issued a summary order of KRW 2 million for a crime of violating road traffic laws (driving driving) at the Seoul Southern District Court.

[2] The Defendant, who violated the provision prohibiting driving of alcohol on at least two occasions, was driving a gallon vehicle from around 17:50 on August 24, 2018 to around 739-4 km-dong 739-4 on the 3km-dong, Ycheon-si, and was under the influence of alcohol for about 0.177% in the gallon under the influence of alcohol.

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 an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures - the defendant recognizes and reflects wrongness.

- Drinking driving needs to be strictly punished for considerable social harm.

- The Defendant’s blood alcohol concentration is considerably high by 0.177%, and the Defendant also raised an accident while driving alcohol.

- has been punished twice by a fine for drinking driving.

There is no record of punishment beyond a fine.

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