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(영문) 인천지방법원 부천지원 2016.07.20 2016고단1292
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 21, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law at the Seoul Eastern District Court, the summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Southern District Court on March 28, 201, the summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Southern District Court on March 28, 201, and the summary order of KRW 7 million for a crime of violating road traffic law at the Seoul Southern District Court on June 21, 2012.

[2] On May 10, 2016, at around 22:30, the Defendant driven a DNA-gu car under the influence of alcohol leveling 0.070% in alcohol level while under the influence of alcohol leveling to 0.070% in front of the instant high-speed road, such as a ceiling, etc., located in the fluence of the trade name in front of the flusium in the flusium in the ancient village of Kimpo-si, Kimpo-si, Kimpo-si.

As a result, even though the Defendant had been punished for drinking driving more than twice, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the actual investigation report on traffic accidents;

1. Statement of the result of regulating driving of drinking alcohol;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (a copy of summary order);

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Orders to Provide community service and attend lectures: The Defendant seems to have led to the instant crime and have divided his/her mistake, and the Defendant has no record of punishment exceeding the fine yet to be punished: Unfavorable circumstances, such as the Defendant has already been punished for the same kind of crime several times, and the Defendant has already committed the instant crime without being aware of the fact that he/she had already been punished for the same kind of crime, etc., and the degree of his/her driving at the time of the instant accident, etc.,

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