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(영문) 인천지방법원 부천지원 2020.01.16 2019고단3207
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2006, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act, and on May 16, 2007, a summary order of KRW 1,00,000 as a fine of KRW 1,00 for the same crime from the Suwon District Court's

On July 25, 2019, at around 22:00, the Defendant driven a vehicle in the C Sti-type under the influence of alcohol with approximately 4km alcohol concentration of about 0.113% from the Do in front of the calendar basin in Busan-si, Seocheon-si, to the front road of the same city B.

As a result, the Defendant driven a car in violation of the prohibition of driving regulations under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The value of an order to attend the course of sentencing under Article 62-2 of the Criminal Act, the content and frequency of the record of punishment for the same kind of crime is time interval with the crime of this case, the confession of the crime, the misunderstanding is divided and the recidivism is not possible, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.

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