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(영문) 인천지방법원 부천지원 2018.03.15 2018고단74
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] The defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic law at the Incheon District Court's Support on July 21, 2008, and on July 15, 2013, at the Incheon District Court's District Court, to a fine of KRW 6 million for a violation of road traffic law.

[2] On October 8, 2017, the Defendant driven a rocketing B rocketing car with approximately 7 kilometers up to the shooting distance of an additional sports hall located in the 625 in Bupyeong-si, Seocheon-si, Seocheon-si, Gacheon-si, in the state of drinking alcohol content of at least 0.266% during blood transfusion around 22:50 on October 8, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol, and report on the results of regulating drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order), application of summary order Acts and subordinate statutes;

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. The sentencing period of Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is two times a fine for the defendant due to the same drinking driving force, and the defendant has three times a licenseless driving force, and the defendant has a very high alcohol concentration of 0.26% a blood, the circumstances after the escape was committed after the occurrence of an accident while driving alcohol, etc., are considered to be considered disadvantageous circumstances, and the sentence is determined like the order, considering the favorable circumstances in favor of the defendant.

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