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(영문) 인천지방법원 부천지원 2018.08.30 2018고단1695
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 June 28, 2013, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court’s Branch Branch, and was sentenced to a fine of three million won as a crime of violating the Road Traffic Act (drinking driving) in the Incheon District Court’s Branch on May 22, 2015. On July 21, 2015, the Defendant was issued a summary order of five million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court’s Branch Branch, and issued a fine of five million won as a penalty in the Incheon District Court’s Branch, etc.

The Defendant, as above, was in violation of Article 44(1) of the Road Traffic Act twice or more, driven a B rocketing car under the influence of alcohol concentration of approximately 0.082% from the 200m section to the company bank front of the company bank located in the same Dong-dong on June 16, 2018, from the day before the mutual influent restaurant in Kimpo-si around 00:10 to the day before the company bank located in the same Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of the same kind of force), and text of judgment, such as criminal history;

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 reason for the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the driving of drinking alcohol is highly dangerous and considerable social harm is needed.

The defendant has been sentenced to three times a fine due to the same drinking driving force, and has been repeated within a short time, and the defendant is very weak to observe the law on driving.

However, he/she does not drive a drinking again.

The punishment shall be determined as per the order, taking into account the fact that it is being taken.

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