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(영문) 인천지방법원 2016.04.27 2016고단759

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution at the Incheon District Court on August 20, 2014 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger), and the judgment becomes final and conclusive on the 28th of the same month.

[Criminal facts]

1. On January 22, 2016, the Defendant driven C Lasta car at approximately 1.5 meters away from the south-gu Incheon Metropolitan City Han-ro and 444 meters away from the influence of alcohol content at 0.091% during blood transfusion at around 12:05 on January 22, 2016.

2. The Defendant: (a) on January 22, 2016, at the south-gu Incheon Metropolitan City Han-ro, or on the road 444-way, Nam-gu, Incheon, under the influence of alcohol content of at least 0.092% in blood around 13:10, the Defendant:

Ro 6-8, up to approximately 1.5 km, C rocketing car was driven in the section of approximately 1.5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a report on detection of drivers;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. The provision of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment, respectively, concerning the crime;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, there are twice the same criminal records to the defendant for the reason of sentencing, recidivism even during the suspension of execution due to the same kind of crime, and the defendant seems to have high possibility of recidivism in light of the fact that he/she continues to drive a motor vehicle by drinking and causes a traffic accident again by driving a motor vehicle while driving a motor vehicle, and thus causes a traffic accident again,

However, the fact that the defendant is against the defendant, there is no record of criminal punishment for crimes other than driving-related crimes, and all other sentencing factors shall be determined as the sentence.