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(영문) 인천지방법원 부천지원 2021.02.18 2020고단1596
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On October 24, 2007, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution due to a violation of road traffic law in the Gwangju District Court's net support.

Despite the fact that the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol once or more times, the Defendant driven a D SM3 car in the state of alcohol alcohol level of about 0.067% in a section of about 700 meters from around 03:02 to the road before the Busan City City from the Do in the direction of the Busan City City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of judgment), application of the text of the judgment, and other Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (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. A punishment shall be determined by taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's family relation, age, sex behavior, environment, circumstances after the crime, and circumstances after the crime, even though he/she had been sentenced to a suspended sentence of imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act, even though he/she had the record of being sentenced to a suspended sentence of imprisonment due to driving of alcohol for the reason of sentencing.

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