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(영문) 인천지방법원 2018.04.25 2018고단869

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 8, 2010, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 24, 2014.

[2] On February 2, 2018, at around 22:49, the Defendant driven a Bing-con vehicle under the influence of alcohol content of about 0.11% from a section of about 500 meters from the Gu Seog Goll Island No. 315-ro No. 32 to the 32-ro, Seogu-gu, Seogu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant again committed the instant crime even though he/she had been punished twice due to the violation of the Road Traffic Act; (b) the Defendant’s blood alcohol density (0.11%) and driving distance; (c) the Defendant’s age, sex, environment; (d) the Defendant’s motive and background of the instant crime; (e) the motive and method of the instant crime; and (e) the method and method of the instant crime; and (e) the conditions of the sentencing as shown in the process of the trial; and