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(영문) 인천지방법원 부천지원 2018.09.12 2018고단2019
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 9, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic laws (drinking driving) at the Seoul Southern District Court on December 12, 2014, and a fine of KRW 4 million for a crime of violating road traffic laws (drinking driving) at the Busan District Court Branch Branch Branch of the Incheon District Court on December 12, 2014, and on October 8, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

[2] Although Defendant 1 had the alcohol driving force twice or more as above, Defendant 2 driven B Poter on July 20, 2018, under the influence of alcohol level of about 0.084% from the 190km section to the front road of the Daejeon Jung-dong Post Office, Jung-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate 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 62 (1) of the Criminal Act on the suspended execution;

1. The same sentence as the order shall be determined by comprehensively taking into account the following circumstances for the protection and observation and the sentencing reasons under Article 62-2 of the Social Service Order Act, and the conditions of sentencing indicated in the records, such as alcohol concentration in blood and blood, driving distance, the age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc.

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant, as stated in its reasoning, has been punished several times due to drinking, but has not been able to do so and has re-driving.

- however, that the defendant has a deep depth of his mistake and does not repeat himself;

There are many things.

- It is not a crime during the suspension of execution.

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