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(영문) 인천지방법원부천지원 2020.09.23 2020고단2643
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

[Criminal Power] On July 14, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch.

【Criminal Facts】

On July 5, 2020, at around 06:31, the Defendant driven a Fbenz car in the state of alcohol alcohol concentration of about 0.151% in the section of approximately 2km from the front of C Bank located in Kimpo-si B to the E next road located in Kimpo-si D, Kimpo-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (Attachment of the previous and summary order), application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2005 and 2014, he/she committed the same crime at once, and thus, he/she cannot be deemed to be somewhat liable.

The blood alcohol concentration measured was 0.151% and it was difficult to drive normally.

(A) The defendant was found to have been drinking by a police officer who was diving while driving. However, considering the following factors: the defendant's character and behavior, age, motive and background of the crime, circumstances after the crime, measured blood alcohol concentration, time interval between previous driving and previous driving, etc., which can be known through pleadings, the sentence like the order shall be determined by comprehensively taking into account the following factors:

It is so ordered as per Disposition for the reasons above.

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