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(영문) 인천지방법원 2017.10.12 2017고단6047

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Incheon District Court on July 29, 2014, received a summary order of a fine of KRW 2 million for a crime of violating the Road Traffic Act (driving), and on April 17, 2015, was sentenced to a fine of KRW 7 million by the same court on April 17, 2015, and violated the duty of prohibition of driving under the influence of alcohol at least twice.

[2] On August 9, 2017, the Defendant driven B rocketing car at approximately 300 meters while under the influence of alcohol content of 0.097% in front of the Incheon Central Police Station located in the Jung-gu Incheon Central Police Station, which was located in 237 at around August 23:57.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same kind of force), relevant list of cases, summary order, and application of the text of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of repeated drinking), and the choice of imprisonment with prison labor for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a lecture and an order to provide community service order under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished four times for the same crime, and again led to the crime of this case under unfavorable circumstances, such as the fact that the defendant was punished four times for the same crime, etc., the amount of drinking does not exceed 0.1%, and the fact that the accident does not cause any accident, etc. shall be considered in favorable circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc.