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(영문) 인천지방법원 부천지원 2019.11.21 2019고단2466
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2017, the Defendant was under the influence of alcohol driving at around 22:34, and was under the control of re-driving at around 00:28 on October 23, 2017, and was issued a summary order of KRW 4 million on December 08, 2017 with the Incheon District Court’s Vice-Support.

Although the Defendant has been in violation of the provision on prohibition of drunk driving twice or more, on June 18, 201, at around 23:01, the Defendant driven a e-purd vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of 0.144% from the road front of Kimpo-si in Kimpo-si B to the road front of the D hotel.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Inquiry into data about crimes and investigation records of foreigners;

1. Application of Acts and subordinate statutes of summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The suspended sentence under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances, etc. among the reasons for sentencing), the numerical value of blood alcohol concentration for the reason of sentencing, the frequency of the records of the same kind of crime, the temporal interval from the crime in the case, the confession of the crime, the appearance of the mistake, and other factors that the defendant's age, character and conduct, the environment, the circumstances after the crime, and the circumstances after the crime, etc. are considered, shall be determined as ordered by the order.

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