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(영문) 인천지방법원 부천지원 2019.03.21 2018고단3168
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2008, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and on April 5, 2010, a summary order of KRW 5,00,000 for a fine of KRW 5,00 for a violation of the same Act, etc. from the

On November 15, 2018, at around 21:55, the Defendant driven a B-conf motor vehicle under the influence of alcohol content of about 200 meters from the front road of the friend Pool Pool, Kimpo-si, Kimpo-si to the front road of the same Posi-si, with approximately 0.117% alcohol content.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 (Special Considerations, etc. favorable to the accused among the reasons for sentencing following the period of suspended sentence);

1. The number of the reasons for sentencing under Article 62-2 of the Criminal Act, the distance and section of the drinking alcohol level, the distance and section of the drinking driving, and the history of the punishment for the drinking driving again, which causes considerable danger to the safety of the public, thereby causing considerable harm to the safety of the public, the time interval between the time and the time of the instant crime after the last same kind of power, the fact that the mistake is divided, and other sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment, the background of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the disposition.

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