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(영문) 인천지방법원 부천지원 2017.08.31 2017고단1628
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 17, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (dacting driving) from the Incheon District Court’s Branch Branch on January 17, 2008, and on October 15, 2010, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of road traffic law (dacting driving) from the Incheon District Court’

[Criminal facts] On July 7, 2017, the Defendant driven B-low-income cars under the influence of alcohol content of about 0.085% at approximately 50 meters in front of the passenger church, as from the front of the office of an authorized broker of Fymnive tower, which is located in the south-ro 72, Seocheon-si, Seocheon-si, 2017, to the front road of the 29, Seocheon-si, Seocheon-si, 201.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

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. All circumstances, such as the fact that there is a risk of re-offending of fines for the same kind of reason for sentencing under Article 62-2 of the Criminal Act two times, but the amount of alcohol content in the blood is not high, shall be considered.

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