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(영문) 인천지방법원 부천지원 2020.01.15 2019고단3086
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 7, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

On August 14, 2019, at around 23:12, the Defendant driven an Epoter cargo vehicle under the influence of 0.122% of alcohol concentration at approximately 500 meters from the 500-meter section to the front road of Busan City, Seocheon-si. D.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records, repeated statements and summary order (No. 73082)-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, including the Defendant’s confession and reflection of the reason for sentencing under Article 62-2 of the Criminal Act, his/her blood alcohol density and mileage in the judgment, the background and details of the crime, the Defendant’s age, character and conduct, environment, criminal records ( majority of the punishment for the same kind of crime, but there is no record of punishment exceeding the fine), and the period up to recidivism, the motive, means and consequence of the crime of this case, the motive, means and consequence of the crime of this case, the circumstances after the crime, etc.

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