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(영문) 인천지방법원 2017.08.18 2017고단4679

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 29, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking). On October 9, 2012, the Incheon District Court received a summary order of KRW 5 million from a fine of KRW 1 million due to a violation of the Road Traffic Act (dacting).

[2] On June 8, 2017, around 22:00, the Defendant driven a B-hand car under the influence of alcohol concentration of about 0.069% from the distance of about 5km to the front road of the Seo-gu, Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, to the front road of the 1623 father-gu. The Defendant driven a B-hand car under the influence of alcohol concentration of about 0.069%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (prior convictions in the same case);

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. 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, once again drives drinking while having been sentenced to a fine due to driving of drinking on two occasions. The Defendant has the past record of criminal punishment on five occasions, and both of them constitute criminal records concerning the violation of the Road Traffic Act.

The section of drinking driving is also reasonable.

Considering the social risk of drinking driving, the defendant's crime needs to be punished strictly.

However, the defendant shows that the defendant does not repeat the crime, showing the appearance of recognizing and reflecting the crime in this court.

The drinking value of the instant crime is very high due to the instant crime.

The defendant has a good health condition, and currently has been unemployed to receive unemployment benefits.