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(영문) 인천지방법원 부천지원 2018.09.20 2018고단1974
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

[criminal history] On October 26, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million due to a violation of road traffic laws (drinking driving), and on June 22, 2012 from the Seoul Central District Court to a fine of KRW 3 million due to a violation of road traffic laws (drinking driving).

[2] On July 24, 2018, the Defendant driven a rocketing car at approximately 20km section from the Jongno-gu Seoul Mapo-si Mapo-si to the front road located in Kimpo-si, Kimpo-si, while under the influence of alcohol content of around 0.108% during blood transfusion around July 24, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

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. 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 sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is 4 times a fine for the defendant due to the same drinking driving force, and the defendant takes into account the fact that the defendant is considerably high in alcohol concentration in blood by 0.108%, and the defendant takes into account the circumstances favorable to his/her failure to drive alcohol in the future, and taking into account the favorable circumstances, he/she shall determine the sentence such as the order.

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