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(영문) 인천지방법원 부천지원 2018.08.30 2018고단1125
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

On June 26, 2007, the Defendant received a summary order of KRW 4 million from the Incheon District Court due to a violation of the Road Traffic Act (drinking driving), and on September 10, 2015, a summary order of KRW 2 million from the Seoul Southern District Court to the violation of the same Act was issued, respectively.

Nevertheless, on April 3, 2018, the Defendant driven Denz vehicles with approximately 300 meters alcohol concentration of about 0.065% in blood, while under the influence of alcohol, from the front of the current historical distance of around 1516, the funeral for Kimpo-si, Kimpo-si, 1516, to the front road of the apartment, Hanpo-ro 39, Kimpo-ro, 68, Kimpo-ro, Kimpo-ro, 1516.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, inquiry into the results of crackdown on the driving of alcohol, and written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures - the defendant recognizes and reflects wrongness.

- On March 25, 2005, the Defendant again committed the instant crime even though he had a record of being punished as a fine of KRW 1.5 million due to driving under drinking on February 19, 2005, a fine of KRW 2.5 million due to driving under drinking or without a license on February 19, 2005, a fine of KRW 4 million due to driving under drinking or without a license on June 26, 2007, a fine of KRW 2 million due to driving without a license on July 10, 2008, and a fine of KRW 2 million due to driving under drinking on September 10, 2015, the Defendant again committed the instant crime.

- Other factors such as alcohol concentration during blood, motive for the commission of a crime, method of the commission of a crime, circumstances after a crime, etc. shall be determined as ordered.

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