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(영문) 인천지방법원 부천지원 2020.05.13 2019고단3475
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4,00,000 as a fine in the Incheon District Court’s Vice Branch on October 27, 2017, respectively, from the same crime.

Nevertheless, at around 05:24 October 13, 2019, the Defendant driven a C-A-hurd-hurd-hurd-purd-purd-purd-purged-purged-purged-purged-purged-purged-purged-purged-purged-purged-purging

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It is decided as per the Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;

The reason for sentencing - the condition unfavorable to the sentencing - the drinking driving should be punished corresponding to the punishment for the crime that may cause serious damage to the life, body and property of others.

- The Defendant has already been punished for drunk driving.

(The blood alcohol concentration at the time of the instant case is 0.218%, and the nature of the instant crime is not very good, and there was a risk of causing serious human life accidents. (The blood alcohol concentration at the time of the instant case is 0.218%.)

The defendant recognized the crime of this case, and reflects the mistake.

In addition, the defendant's age, character and conduct, environment, circumstances after crimes, etc. are considered as a whole and several sentencing factors, etc., which are shown in the trial process of this case, are ordered only once.

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