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(영문) 인천지방법원 부천지원 2018.03.15 2018고단73
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 November 8, 2007, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 4,00,000 as a fine for the same crime from May 3, 2013 to the same support.

[2] On December 19, 2017, at around 17:05, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 3km from around 0.098% during blood while under the influence of alcohol at around 0.098% from the 3km Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju High District road to the 381 front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving at home, investigation report (report on the circumstances of the driver who is to take the driving at home), and notification of the

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's history of driving alcohol), and a copy of a summary order;

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 sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures shall be taken into account under the circumstances unfavorable to the defendant who has been sentenced three times a fine due to driving force of the same kind of drinking, and the sentence shall be determined like the order, considering the favorable circumstances in which it is contradictory; and

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