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(영문) 인천지방법원 부천지원 2018.06.25 2018고단1096
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] On March 20, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court Branch on March 20, 2009, and on May 13, 2016, the same court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving).

[2] Although Defendant 1 violated the provision prohibiting driving of alcohol twice as seen above, Defendant 2 driven a B B-S car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.086% at the section of approximately 50 meters from May 1, 2018, from the front day of the restaurant to the front day of the west-ri-ri, Eup in the city of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, 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. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the driving of drinking alcohol is highly dangerous and considerable social harm is needed.

The Defendant has been sentenced to two times a fine due to the same drinking driving force, and the Defendant shall take into account the fact that the blood alcohol concentration is considerably high by 0.086%, and shall determine the punishment, such as the order, in consideration of the favorable circumstances, taking into account the reflectivity into account.

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