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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1543
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

[criminal history] The Defendant was sentenced to a fine of KRW 5 million on April 24, 2014 for a crime of violating road traffic law in the Incheon District Court's Vice-Support on April 24, 2014, and a fine of KRW 5 million in the same court on July 27, 2012, not only was sentenced to a fine of KRW 5 million for the same crime, but the same drinking driving force is more than once.

[2] The Defendant: (a) was a person who violated the foregoing provision on the prohibition of drinking alcohol driving twice or more on March 26, 2018; and (b) was able to drive B Coin C in the state of alcohol alcohol concentration of about 0.121% at the distance of about 1km from around the apartment site to the front day of the same Gu road at the same time, Kimpo-si, Kimpo-si around March 23:31, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a circumstantial report and a report on the situation of driving alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, non-disposition, and summary order, such as criminal history;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant, as stated in its reasoning, has been punished by a fine on several occasions due to drinking, but has been making a drinking again without being aware of it.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- There is no past record of punishment exceeding the fine prior to the instant case.

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