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(영문) 인천지방법원 부천지원 2018.05.03 2018고단667
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

On January 23, 2007, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine for a violation of road traffic laws (drinking driving), and on November 19, 2008 to a fine of KRW 1 million from the Busan District Court Branch of the Incheon District Court to a violation of road traffic laws (drinking driving).

Although the Defendant was punished for driving two times of drinking, on February 19, 2018, at around 22:30, the sex from 57 U.S. L. L. L. 98 L. L. L. 57 L. L. L. L. to 132 L. L. L. L. L. L. 132 from L. L. 57 L. L. L. L. L. . L. L.W. 130% of alcohol level from the 400m distance to the front of the church, the Defendant driven B e.g., while under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, notification on the results of regulating the driving of alcohol, and written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. 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 fact that the reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures are recognized and contradictory to the defendant's wrongness, considering favorable circumstances, the defendant has been sentenced three times to a fine due to the same drinking driving force, the alcohol concentration in blood is considerably high by 0.130%, and the driving of drinking is highly dangerous and considerable social harm and thus requires strict punishment shall be determined as per the order, considering the unfavorable circumstances.

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