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(영문) 인천지방법원 부천지원 2017.11.09 2017고단2298
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on November 29, 2006, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon Southern District Court on February 1, 2013.

On July 20, 2017, the Defendant was under the influence of alcohol content of 0.097% during blood transfusions on July 20, 2017, and driven a cub car volume in B from the front day of the cafeteria cafeteria located in the Dollt of the Kimpo-si, Kimpo-si, to the front day of the “Wakt Got-si pharmacy” located in the Dollt of the Kimpo-si, Kimpo-si.

As a result, the Defendant, who has violated drinking two times or more, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the summary order of the same case), application of the text of the judgment, and application of the 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. In light of the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Act has the same drinking record twice, the defendant is obliged to be sentenced to imprisonment with prison labor in consideration of the risk of re-offending, but considering all the circumstances such as the defendant's reflectivity, alcohol concentration during blood, driving background, and driving distance, etc.

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