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(영문) 인천지방법원 2017.10.27 2017고단5622

도로교통법위반(음주운전)등

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

On September 11, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court on September 11, 2007, and on September 17, 201, the Defendant had the record of being sentenced to a summary order of KRW 1.5 million for the same crime at the same court.

Although the Defendant violated Article 44(1)(d) of the Road Traffic Act on at least two occasions, on May 13, 2017, the Defendant driven a two-wheeled automobile of CTS300 EVO (263cc) under the influence of alcohol 0.214% from the 300m section of alcohol level to the front road of 383-1 times, around May 13, 2017, while driving a two-wheeled automobile of CTS300 EV (263cc) under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger (A);

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

1. A response to a request for appraisal (a written appraisal of alcohol during blood);

1. Investigation report (report attached to the ledger of driver's licenses);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Protection and observation, the community service order, the community service order, and the order to attend a lecture under Article 62-2 of the Criminal Act [the fact that a second-class crime has been punished on two occasions and causes a traffic accident by repeating the same type of crime, etc.], favorable circumstances [the fact that the crime is recognized and reflected, and the second-class small license has not been granted, but the two-class small license examination was passed at the time of the instant crime (the date and time of the crime: May 13, 2017; the date of issuance of a small license: June 5, 2017); and the fact that there is no record of crime exceeding a fine, etc.]; and other reasons.