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(영문) 인천지방법원 부천지원 2018.07.18 2018고단1437
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 April 24, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Incheon District Court Branch on April 24, 2007, and on December 31, 2013, the Seoul Southern District Court received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving).

[2] On May 30, 2018, the Defendant driven BFD car under the influence of alcohol concentration of about 500 meters at about 0.086% in the blood alcohol level on the 265-way road in front of the 388 CFP road along the 388 KM, as it was transmitted in 17:0,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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 two occasions due to driving under drinking, but has again driven under drinking without being able to do so.

- 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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