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(영문) 인천지방법원부천지원 2020.11.04 2020고단2216
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 August 24, 2010, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court’s Vice-Support.

【Criminal Facts】

On June 4, 2020, at around 00:54, the Defendant driven a D-hurd motor vehicle with a blood alcohol concentration of about 0.143% under the influence of alcohol from around 5km-gu, Incheon, Busan to the front road of Seocheon-si B apartment C-dong.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (formerly previous records), and application of Acts and subordinate statutes of one copy of 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.

In addition, measured blood alcohol concentration was 0.143% and it was difficult to drive normally.

(A) The Defendant: (a) was aware of the fact of drinking by a police officer upon the report of the driver of the vehicle after a witness who had been able to conflict with the central separation unit; (b) the Defendant was aware of the fact of drinking by the police officer; (c) the Defendant’s character, character, age, motive and background of the crime; (d) circumstances after the crime; and (e) the degree of sentencing conditions, such as the degree of sexual alcohol concentration, and interval between the previous driving and the previous driving

more.

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