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(영문) 인천지방법원 부천지원 2018.01.26 2017고단2973
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

【The Defendant issued, on January 7, 2010, a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (drinking driving) in the support of the Suwon Frigwon, and on February 20, 2014, a summary order of KRW 2,00,000 as a fine for a violation of road traffic law (drinking driving) in the Incheon District Court Branch Branch Branch of the Incheon District Court, respectively.

【Criminal fact-finding on November 28, 2017, the Defendant driven a coo vehicle in F in the state of under the influence of alcohol content of about 0.211% in a section of about 50 meters from the 50m alcohol level to the 272m-si of Gyeonggi-gu, Jincheon-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal suspect's history of driving under the same kind of drinking);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been subject to punishment twice or more due to drinking driving; (b) the alcohol concentration in blood is relatively high by 0.211%; (c) the Defendant reflects his/her mistake; and (d) the circumstances favorable to the fact that he/she did not have been punished in excess of the fine, including the circumstances leading to drinking driving; and (b) the driving distance; and (c) the various conditions for sentencing specified in the instant pleadings, such as drinking driving, and driving distance, are considered.

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