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(영문) 인천지방법원 부천지원 2019.01.31 2018고단3004
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 30, 2008, the Defendant received a summary order of KRW 2,00,000 from the Incheon District Court's Busan District Court to a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on October 11, 201, a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act (driving) and on July 24, 2013, from the Incheon District Court's Busan District Court's Busan Branch Branch Branch Branch, to a fine of KRW 7 million as a crime of violation of the Road Traffic Act

On October 12, 2018, around 01:06, the Defendant driven a D car while under the influence of alcohol with approximately 0.076% of alcohol concentration in approximately 300 meters from the 300-meter radius to the front of the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The Defendant, on July 13, 2005, was punished by a fine of one million won for drunk driving on July 13, 2005, a fine of two million won for a drunk driving on July 30, 2008, a fine of one million won for a drunk driving on October 6, 2008, a fine of two million won for a drunk driving on October 11, 201, a fine of two million won for a drunk driving on October 11, 201, and a fine of seven million won for a drunk driving on July 24, 2013.

It seems that the compliance consciousness on driving is very weak.

Blood alcohol concentration is 0.076%.

In light of the fact that the defendant is against the defendant and there is no record of the suspension of the execution of imprisonment, the punishment shall be determined as per the order.

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