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(영문) 인천지방법원 부천지원 2018.01.18 2017고단2848
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 July 12, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million by a fine at the Seoul Southern District Court on February 17, 2016 to a crime of violation of the Road Traffic Act.

[2] On October 7, 2017, the Defendant driven a H-hurged vehicle with a alcohol content of 0.091% 0.091% in blood from the 2km section from the 2km road in Bupyeong-si, Busan to the front road of about 470, Seocheon-ro, Seocheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, and a report on the circumstances of the driver under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, 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 punishment as ordered shall be determined in consideration of the circumstances, such as the fact that the defendant with the reason for sentencing under Article 62-2 of the Criminal Act is twice a fine, etc., taking into account the fact that the same drinking records of the defendant are twice a fine, and considering all the circumstances, such as the blood alcohol concentration, criminal records, the circumstances leading to the driving of drinking, and the conditions before and after the control;

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