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(영문) 인천지방법원부천지원 2020.09.22 2020고단2464
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 23, 2016, the Defendant was issued a summary order of KRW 1.5 million at the Incheon District Court as a crime of violation of the Road Traffic Act. On October 10, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution for a crime of violation of the Road Traffic Act (Refusal of measurement) at the Incheon District Court’s subsidiary branch office, and was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution at the Incheon District Court on April 18, 2018.

【Criminal Facts】

On May 31, 2020, the Defendant driven a F B-be cruise car at approximately 0.112% under the influence of alcohol concentration at approximately 15 meters from May 31, 2020 to E-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-S

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Previous criminal records, criminal records, investigation reports (verification of the same record), summary orders, and application of respective statutes to each of the criminal records, criminal records, criminal records, criminal records, criminal records, and criminal records, criminal records, criminal records, and criminal records, criminal records, and criminal records, if any, reports on the situation of driving under the influence of alcohol, reports on the driver's license, records on the driver's license, records on the driver's license, records on the driver's license,

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, has led to confession and reflect on the instant crime.

The distance confirmed by the defendant to drive a drunk is about 15 meters.

However, the Defendant again committed the instant crime even though he/she was sentenced to a fine of KRW 1.5 million due to a drunk driving in 2006 and a fine of KRW 1.5 million due to refusal to measure drinking in 2013, was sentenced to imprisonment for six months, a suspended sentence of imprisonment for two years, a suspended sentence of six months, and a suspended sentence of two years for drinking driving in 2018, and thus, again committed the instant crime, the risk of recidivism is high, and the blood alcohol content at the

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