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(영문) 인천지방법원 부천지원 2020.05.27 2019고단4410
도로교통법위반(음주운전)
Text

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

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

3.

Reasons

Punishment of the crime

[criminal power] On March 11, 2016, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and on December 16, 2016, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

【Criminal Facts】

On November 28, 2019, while under the influence of alcohol of 0.054%, the Defendant driven a B low-speed car on the road located in approximately 20 kilometers of approximately 20 kilometers from the main station in the vicinity of Yeongdeungpo-gu Seoul Metropolitan City to the Hempo-si Kimpo-si Ypo-si 138-ro, Kimpo-si, Kimpo-si, Gopo-si, Kimpo-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, confirmation of criminal records, and copies of summary order Acts and subordinate statutes shall apply;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act (driving) around 2016, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be minor.

However, the sentencing conditions such as character and behavior, age, motive and background of the defendant, circumstances after the crime, and blood alcohol concentration, etc., which can be known through pleadings, have been comprehensively taken into account.

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

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