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(영문) 인천지방법원 부천지원 2019.03.21 2018고단3263
도로교통법위반(음주운전)
Text

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

However, the above imprisonment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court on January 30, 2009; the same court on October 19, 2010; the fine of KRW 4 million for a violation of the Road Traffic Act (driving); the same court on May 20, 201; the same court on May 20, 201, imposed a fine of KRW 5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver) at the Seoul Southern District Court on June 15, 2012; the imprisonment of KRW 1 year for a violation of the Road Traffic Act (Driving without a license); and the suspended sentence of the said judgment became final and conclusive on June 23, 2012.

On November 14, 2018, at around 23:54, the Defendant driven a bn vehicle in the state of alcohol with a 0.118% alcohol concentration 0.18% under the influence of alcohol from a section of approximately 1km from the front of the long-term road of Kimpo-si to the road of Kimpo-si Kimpo-si Kimpo-si 11-ro 227, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report criminal investigations (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, probation, community service, and order to attend a lecture, the degree of alcohol content at the time of the crime in this case, the background leading to the occurrence of the crime, the frequency and details of the punishment, the time interval between the last same kind of crime and the final contents of the punishment, the attitude of the defendant after the detection of the crime in this case, the fact that the defendant is divided by mistake, and any other sentencing conditions shown in the arguments in this case, including the defendant's age, character and behavior, environment, circumstances after the crime, and circumstances after the crime, shall

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