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(영문) 인천지방법원 부천지원 2018.04.18 2018고단558
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 November 17, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law (dacting driving) in the support of Suwon Frigwon, and on February 15, 2013, the Incheon District Court issued a summary order of KRW 1,50,000 as a fine for the same crime, respectively.

[2] On February 20, 2018, at around 06:30, the Defendant driven a B-5 car under the influence of alcohol leveling 0.155% from the 10km section of approximately 10km to the road of the Kimpo-dong Kimpo-dong, Kimpo-dong, Gangseo-gu, Seoul, to the 5-ro 207:20 on February 20, 2018, at around 06:30, the Defendant driven a 10-9 car under the influence of alcohol leveling from the 10km to the road of the Kimpo-dong Kimpo-dong Kimpo-dong, Kimpo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under the influence of alcohol, report on the situation of the driver under the influence of alcohol, and report on alcohol alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's history of driving alcohol), 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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is in need of strict punishment as it is highly dangerous and social harm is considerable.

- The Defendant, as stated in its reasoning, has been punished by a fine on two occasions due to driving under drinking, but has again driven under drinking without being able to do so.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- There is no history that the defendant has been punished beyond a fine.

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