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(영문) 인천지방법원 부천지원 2018.02.02 2017고단2884

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 November 10, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court, and on September 13, 2012, the Defendant received a fine of KRW 2.5 million as a crime of violating road traffic law (drinking driving) from the Incheon District Court on September 13, 2012.

[2] On November 25, 2017, the Defendant driven a B-owned car under the influence of alcohol concentration of approximately 0.072% in a section of about 200 meters, from around 00:35 to around 105, Dong-ro 248, Dong-ro, Jung-dong, Jung-dong, Seoul, to the front road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, report on the situation of driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Inquiry into criminal history, investigation report (report on attachment of judgment of a criminal suspect's driving under the same kind of drinking), application of summary order statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that it is necessary to strictly punish a person subject to punishment in light of the risk of driving alcohol, the circumstances favorable to the fact that two times a person subject to punishment by a fine due to the same kind of crime are recognized and reflected: The fact that the driving of the instant drinking is not causing any traffic accident while driving the instant drinking, the fact that there is no history of criminal punishment heavier than a suspended sentence, and the fact that there is no history of criminal punishment heavier than a suspended sentence, and other various conditions of punishment as indicated in the records and theories of changes, such as the motive and circumstance of the relevant crime, blood alcohol concentration, and