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(영문) 인천지방법원 2017.04.26 2017고단1006

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 October 20, 2005, the Defendant was issued a summary order of KRW 2 million with fines of KRW 2 million with the same crime, etc. on June 22, 2006 by the same court, and on May 4, 2007, the Seoul Southern District Court issued a summary order of KRW 3 million with the same crime, etc.

On December 19, 2016, the Defendant driven B-V car at around 06:40, 27, from the front of the Southern Police Station to the roads near the Gyeonggi-do Police Station, 117 roads in the middle of the Gyeonggi-do, and from around 3.5km to the roads in front of the rest area of the river in the south of the river, the Defendant driven B-V car at around 0.061% alcohol concentration during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend a lecture is not good when the defendant drives a vehicle under the influence of alcohol even though he had the same criminal history of three times, but the crime was committed in the instant case. However, the amount of alcohol concentration in the blood was relatively lower, but it did not reach a relatively lower degree of violation of other traffic-related Acts and subordinate statutes, his mistake is divided later, and the vehicle in possession is not reoffending, such as scrapping of the vehicle, etc. In addition, considering all the circumstances that are the condition for sentencing, such as the defendant's age, sex, occupation, environment, family relationship, etc., the punishment should be imposed as above.