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(영문) 인천지방법원부천지원 2020.11.18 2020고단3787
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Criminal Power] On August 7, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Vice-Support.

【Criminal Facts】

On July 29, 2020, at around 21:40, the Defendant driven a esch-sports straw sport car under the influence of alcohol concentration of approximately 0.20% from around 450 meters to the roads near Dpention.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2007, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be less than that of the defendant.

In addition, measured blood alcohol concentration was 0.2% and it was difficult to drive normally.

(A) The defendant was found to have a drunk driving by a police officer who had shocked the road structure during a drunk driving and thereafter called out. However, the defendant's attitude to recognize and reflect all of the crimes, considering the character, character, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration after the crime, and the time interval with the previous drunk driving, the sentence identical to the order shall be determined by comprehensively taking into account the following factors:

more.

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