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(영문) 인천지방법원 부천지원 2018.11.01 2018고단2337
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 September 29, 201, the Defendant received a summary order of KRW 2 million as a violation of road traffic law (drinking driving) from the Incheon District Court’s Branch Branch on September 29, 201. On October 27, 2016, the Defendant received a summary order of KRW 2 million as a violation of road traffic law (drinking driving) from the Incheon District Court’s Branch Branch Branch on October 27, 201.

[2] Notwithstanding the above two occasions, Defendant 1 driven a B-gu car at around 00:51 on July 30, 2018, while under the influence of alcohol 0.142% from the 1km section from the village near the village in the Seocheon-si, Seocheon-si to the 7th road in the Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and investigation report 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 defendant for the reason of sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has a record of being sentenced to a fine twice due to driving of the same kind of drinking, and even though he was sentenced to a fine once due to driving without a license, he again committed the instant crime, and the spirit of compliance with driving is very weak.

The alcohol concentration in blood is considerably high by 0.142%.

However, the defendant does not repeat again; Provided, That the defendant does not repeat again.

The punishment shall be determined as ordered in consideration of the fact that there is no past record of punishment exceeding fines, etc.

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