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(영문) 인천지방법원 2017.11.01 2017고단6056 (1)

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 16, 201, the Defendant received a summary order of KRW 2.5 million from the Ulsan District Court to a fine of KRW 2.5 million due to a violation of road traffic laws (driving), and on October 14, 201, a fine of KRW 4 million from the Ulsan District Court to a violation of road traffic laws (driving), respectively.

[2] Although Defendant 1 had been punished twice or more due to the violation of the Road Traffic Act (driving of alcohol), Defendant 2 driven a vehicle B at approximately 4 km in the 4km section from the roads of 24-day, Seo-gu, Incheon, Seo-gu, 383 to the 866-day, Seo-gu, Seo-gu, Seo-gu, Incheon, under the influence of alcohol content of 0.124% from around 22:50 on August 12, 2017, while he was under the influence of alcohol content of around 22:50 on August 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of the driver with the main driver, and a field photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (former and summary order confirmation) and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was twice the same record as that of the defendant, but the occurrence of the traffic accident in this case, the defendant's responsibility is not easy.

However, the past records are not relatively recently punished by a fine, but they have no record of crime against the defendant, and there is no record of crime against the defendant in depth, the defendant is making it difficult for the defendant to recover his/her personal rehabilitation, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., shall be determined as the same as the order.