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(영문) 인천지방법원 부천지원 2018.12.13 2018고단2631
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 16, 2007, the Defendant had a record of being sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Incheon District Court on May 16, 2007, and a fine of KRW 2 million for a crime of violating road traffic laws at the Seoul Southern District Court on April 27, 2009.

2. On September 9, 2018, the Defendant driven BFD vehicles with approximately 150 meters alcohol concentration at approximately 0.142% while under the influence of alcohol leveling from around 150 meters to the front road of the Kimpo-si, Kimpo-si Building No. 78-39, a 24-gil, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Making teas;

1. Previous convictions: Inquiries about criminal history, investigation reports (reports on confirmation of the history of punishment for the driving of a suspect under drinking), and application of the statutes governing summary orders;

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. An order to attend a lecture or circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is necessary to strictly punish the order in light of the risk of drinking driving.

The alcohol concentration among the blood of this case is 0.142% and considerably high.

There are three times the records of punishment of fines for the same crime.

The favorable circumstances: The mistake is recognized and reflected.

In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, driving distance, and circumstances after the crime, and various sentencing conditions shown in the theory of change.

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