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(영문) 인천지방법원 부천지원 2017.11.24 2017고단2299

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On May 13, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Incheon District Court’s Busan District Court’s Vice-Support on January 24, 201, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) from the same support on January 24, 201, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) on March 4, 2013, respectively.

[Criminal facts] On September 16, 2017, the Defendant driven a coo vehicle into D while under the influence of alcohol content of about 0.060% while under the influence of alcohol level of about 100 meters from the Do of the telephone station located in Seocheon-si, Seocheon-si to the front road of the fifth in the 5th instance-ro, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Arrest report of the occurrence of the case, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, statement of the circumstances of the driver under driving, and report of the situation of driving under drinking;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as inquiry about criminal history and investigation report (former and attachment of the summary order);

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 circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that it is necessary to strictly punish him/her in light of the danger of drinking driving, the circumstances in which three times the past records of punishment for the same kind of crime are favorable: The fact that the occurrence of traffic accidents is not caused, and other various sentencing conditions indicated in the records and arguments, such as the motive and background of the crime, blood alcohol concentration, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.