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(영문) 인천지방법원 2017.04.20 2017고단832

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 May 23, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on May 23, 2008. On May 11, 2009, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) from the Suwon District Court.

On January 22, 2017, around 00:40, the Defendant driven CM7 car under the influence of alcohol content of about 0.060% at a distance of about 1km from Schlage's front to the front road of about 653, a 128-ro, Nam-gu, Incheon, Nam-gu, Incheon, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of a criminal suspect's previous conviction);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend: The circumstance in which the defendant has no record of being punished for the same crime more than a fine, the fact that the defendant has no record of being punished more than a fine, the fact that the amount of drinking is higher, the fact that the vehicle that the defendant divided his mistake and has driven is transferred, and the vehicle that has been driven was transferred, and other factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, means and result of the crime, etc., shall be