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(영문) 인천지방법원 부천지원 2021.01.20 2020고단4126
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Power of crime] On August 22, 2011, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) at the Suwon Friwon.

[Criminal facts] On September 28, 2020, the Defendant driven C K5 vehicle under the influence of alcohol level of about 0.176% in a section of about 8km from the front to the front road of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si around 04:31 on September 28, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of Supreme Court precedents);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 is that the driving of an order to provide community service and attend lectures may cause serious damage to the life, body, and property of another person. Therefore, the corresponding punishment is required.

In addition, the defendant was punished as a crime of violating the Road Traffic Act (drinking driving) in 2011, but has committed the same crime at once, and thus, the defendant's liability is less than that of the defendant.

shall not be deemed to exist.

In addition, the alcohol content among the measured blood is not deemed 0.176% as rice (the Defendant was found to have been driving by a police officer who was dispatched after receiving a suspected report of driving drinking): Provided, That the Defendant appears to have the attitude that both the Defendant recognized and reflects the crime, and other sentencing conditions, such as the Defendant’s character, character, age, motive and background of the crime, circumstances after the crime, alcohol concentration during blood, and the interval between previous criminal record and previous criminal record, shall be comprehensively considered, and the sentence like the order shall be determined.

It is so decided as per Disposition for the above reasons.

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