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(영문) 인천지방법원 부천지원 2013.04.18 2013고단200
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2007, the defendant issued a summary order of a fine of 2.5 million won for the crime of violating the Road Traffic Act at the Incheon District Court on January 2, 2007 and the same year.

2. 8. Around 00:42 on January 12, 2013, a person who received a summary order of a fine of three million won or more for the same crime. Around 00:12, under the influence of alcohol concentration of a blood alcohol content of 0.184%, a person driving B Twork XG motor vehicle of approximately 100 meters from the road located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to the middle IC road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (25 pages of investigation records);

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. In light of the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution not only has the same record of being punished four times or more due to the same crime, but also has the record of having been punished several times for other crimes, etc., the defendant must be punished strictly, but the fact that the defendant's mistake is divided and again makes the defendant not to commit such crime again, and all other circumstances of this case shall be determined as ordered by taking into account the whole circumstances of this case.

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