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(영문) 인천지방법원부천지원 2020.08.12 2020고단1512
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

[Criminal Power] On September 7, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 4, 2020, the Defendant driven a DNA car with a blood alcohol concentration of about 0.075% while under the influence of alcohol at approximately 2.4 kilometers from the front of Seocheon-si B to the front of Seocheon-si, Seocheon-si.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the results of the drinking driving control, and the circumstantial statement of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal history records, reference reports (A), investigation reports (former and previous records), and summary order Acts and subordinate statutes No. 2400, Dec. 2012;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, since the defendant was punished as a crime of violation of the Road Traffic Act (hereinafter referred to as a fine) around 2012, even if he/she was punished as a crime of violation of the Road Traffic Act (hereinafter referred to as "violation of the same Act"), he/she

(A) The Defendant is aware of the fact of drunk driving from a police officer who caused a contact with another vehicle while driving the vehicle at the site: Provided, That the same sentence as the order shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s character and behavior, age, motive and background of the crime; (b) the circumstances after the crime; (c) the degree of blood alcohol concentration; and (d) the interval between the previous drunk driving and the previous drunk driving.

It is so ordered as per Disposition for the reasons above.

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