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(영문) 인천지방법원 부천지원 2018.05.03 2018고단155
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

[criminal history] On July 18, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Southern District Court on July 18, 2008, and a fine of KRW 3 million for a crime of violating road traffic laws in the same court on December 22, 2009.

[2] On December 23, 2017, around 01:24, the Defendant driven a U.S. car under the influence of alcohol 0.134% of alcohol while under the influence of alcohol at approximately 10km from the 10km section to the roads of Busan Women’s Hospital, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the main driver, report on the circumstances of the main driver, and response to appraisal; and

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (report on the confirmation of the relevant case), and application of the relevant list 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 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

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 of the Order to Provide community service and attend lectures is advantageous to the defendant's wrong recognition and reflect. The defendant has been sentenced to two times a fine due to the same drinking driving force, and the driving force without a license is also one time, and the defendant has a significant degree of 0.134% a alcohol level during blood, and the defendant has a significant disadvantage, by taking account of the defendant's motive for committing the crime, circumstances after committing the crime, etc., the punishment is determined as per the Disposition.

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