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(영문) 인천지방법원부천지원 2020.09.16 2020고단1667
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Incheon District Court.

【Criminal Facts】

On April 18, 2020, at around 06:44, the Defendant driven BMW 320d GT car under the influence of alcohol 0.124% in the section of approximately 10km from Kimpo-si, Kimpo-si to Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and report on the results of regulating drinking;

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), reports on the results of confirmation before the disposition, and application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2010, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be less than that of the defendant.

However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.

It is so decided as per Disposition for the above reasons.

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