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(영문) 인천지방법원 부천지원 2018.03.15 2018고단165
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 March 4, 2008, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Branch on March 4, 2008, and on January 14, 2010, 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) and 1.5 million won for a crime of violating the Road Traffic Act in the same court.

On December 22, 2017, at around 23:30, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of about 2km from around the 2km section to the front road of Kimpo-si, Yangpo-si, Yangpo-si, Yangpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, report of the situation of the driver being placed at home, report of the situation of the driver being placed at home, and inquiry into the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as inquiry about criminal history and investigation report (former and attachment of the summary order);

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. An order to attend a lecture or to provide community service order for the reasons for sentencing under Article 62-2 of the Criminal Act: A more severe punishment is required in light of the risk of drinking driving, the driving of the drinking in this case even three times with the history of the punishment of the fine for the same kind of crime, and the degree of alcohol concentration in the blood is high: 0.11%, which is favorable: recognition of and reflects the fact that the degree of alcohol concentration in the blood is high: there is no traffic accident caused by the driving of the drinking in this case; there is no history of criminal punishment heavier than the suspension of the execution, and other various sentencing conditions shown in the theory of the records and changes, such as the motive and background of the crime, means of the crime, driving distance, and the circumstances after the crime, etc.,

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