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(영문) 인천지방법원 부천지원 2018.06.28 2018고단1214
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 13, 2006, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court Branch Branch Branch Branch of the Incheon District Court on December 13, 2006, and a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court Branch Branch of the Incheon District Court on June 15, 2014.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times and driven a B rocketing vehicle under the influence of alcohol concentration of about 0.109% in the section of about 20 K m from April 20, 2018 to around 22:53, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, So-do, So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called, the Defendant would not be able to know about whether it was once or not, around April 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Reporting on the occurrence of the case, reporting on the situation of driving a drinking and notifying the result of regulating drinking driving;

1. Previous convictions in judgment: Inquiries about criminal history, investigation reports (the confirmation of the previous history), inquiry of the results of an integrated case, and the application of summary orders and statutes;

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. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that it is necessary to strictly punish a person subject to punishment in light of the risk of driving alcohol, the circumstances favorable to the fact that two times a person subject to punishment by a fine due to the same kind of crime are recognized and reflected: The fact that the person subject to punishment for driving alcohol of this case does not cause any traffic accident while driving alcohol of this case, the fact that there is no history of criminal punishment heavier than a suspended sentence, and the fact that there is no history of criminal punishment heavier than a suspended sentence, and other various sentencing conditions as indicated in the records and arguments, such as the motive and background of the crime, blood alcohol concentration, driving distance

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