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(영문) 인천지방법원 부천지원 2012.12.28 2012고합347
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2006, the Defendant received a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on October 20, 2006, and on August 12, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Incheon District Court.

On October 1, 2012, at around 22:00, the Defendant driven a car on Bcoon which was not mandatory insurance, under the influence of alcohol content of approximately 0.054% from the 10km section to the front road of the Kimpo-si, Kimpo-si, the outer cycle of the 10km-si, Kimpo-si, the 22:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The credit bureau and the mandatory insurance association;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes), among concurrent crimes;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is that the Defendant, despite the fact that the Defendant had been punished several times of drinking driving, was driven under the influence of alcohol again, and the Defendant operated a vehicle which is not covered by mandatory insurance, and the nature of the offense is poor.

However, the blood alcohol concentration is relatively high.

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