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(영문) 인천지방법원 2018.04.04 2017고단2658

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 22, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seoul High Court, which was sentenced to a suspended sentence of two years on October 8, 2014, and the sentence of the suspended sentence was invalidated on October 13, 2014 by being sentenced to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Incheon District Court, which became final and conclusive on October 13, 2014, and the execution of the said sentence was completed on November 13, 2015, and was sentenced to a suspended sentence of two years for a violation of the Road Act at the Incheon District Court on July 1, 2011.

[2] On March 19, 2017, at around 04:49, the Defendant driven BMW car under the influence of alcohol concentration of approximately 0.090% at a distance of about 200 meters from the 2030-1 meters away from the south-gu, Incheon metropolitan city to the 100-13-distance adjacent to the 100-1 Jeju metropolitan city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, personal confinement status, investigation report (Attachment of previous convictions), text of judgment (No. 2587, 2882), text of judgment (No. 2013No. 893), and text of judgment (No. 2011No. 1596)

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act, the punishment of which is heavier);

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 35 of the Criminal Act for aggravated repeated crimes, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered.

A favorable condition: The defendant is making a confession of the crime of this case.

Unfavorable circumstances: