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(영문) 인천지방법원 부천지원 2015.11.18 2015고단2105
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 8, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch on August 8, 2008; on October 1, 2008, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch Branch on October 1, 2008; on December 15, 2008, the Incheon District Court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch on July 8, 201; on July 21, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) and for a suspended sentence of two years; on August 21, 2012, from the Incheon District Court’s Branch Branch on KRW 1 million for a fine of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 24, 2015, at around 02:36, the Defendant driven DK7 car under the influence of alcohol by 0.074% in blood alcohol concentration from approximately 2 km section from the home flusing road near the main road of Seocheon-gu, Seocheon-gu, Seocheon-si to the 363-17th road in Seocheon-gu, Seocheon-gu.

As a result, the Defendant, while under the influence of alcohol, once again driven the vehicle while under the influence of alcohol, even though the power of driving the vehicle is six times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry of the report on the state of the operation of the driving of the motor vehicle and the statement on the state of the operation of the motor vehicle;

1. Statement of the results of the drinking driving control;

1. Before holding: Application of each Act or subordinate statute of criminal history records, reply reports, and investigation reports;

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. The reason for sentencing Article 35 of the Criminal Act is not only the fact that the defendant has already been punished for the same kind of crime over several times.

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