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(영문) 인천지방법원 2018.12.14 2018고단7703
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

On May 14, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act by the Incheon District Court on the grounds of a violation of the Road Traffic Act, etc., and on November 19, 2014, the Defendant was sentenced to a summary order of 2 million won for a violation of the Road Traffic Act from the Suwon Flag Flag on the ground of a violation of the Road Traffic Act.

On September 25, 2018, at around 23:20, the Defendant driven B Trac vehicles under the influence of alcohol concentration of about 0.115% in the 15m section from the front of the Samsan apartment complex 7-ro, Bupyeong-gu, Incheon, Incheon, 27, to the front of the main sports hall to the front of the road in the 40-ro of the same sports hall.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though the Defendant had a driving force twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is a driver in charge, notification of the results of crackdown on the driving of alcohol, and report on detection of the driver;

1. Reporting on detection (violation of the Road Traffic Act) and investigation report (report on the driver of the main place of business);

1. A response to a request for appraisal (a written appraisal of alcohol during blood);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of criminal history of the same type);

1. Article 148-2(1)1 and Article 44(1)1 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 148-2(1)1 and 44(1) of the same Act regarding criminal facts; Articles 148-2(1)1 and 44 of the same Act regarding the

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The criminal defendant's crime of sentencing under Article 62-2 of the Criminal Act is that he/she drives drinking once again while under the influence of alcohol even though he/she had a history of driving twice, and the criminal quality is not good because the defendant's numerical value of drinking is not less than that of drinking;

Since drinking driving includes the risk of threatening the safety of other unspecified drivers as well as the defendant's own life, it is necessary to strictly punish it.

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