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(영문) 인천지방법원 2018.04.11 2018고단103

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

On September 16, 2010, the Defendant received a summary order of a fine of KRW 3 million for a violation of road traffic law (drinking driving) in the support for the safe flow of water sources on September 16, 2010, and on January 19, 2016, the Defendant received a summary order of KRW 4 million for a violation of road traffic law (drinking driving) from the Incheon District Court and received a fine of KRW 4 million on at least two occasions.

On November 18, 2017, at around 01:33, the Defendant driven Bchier XG car with approximately 0.176% alcohol concentration in blood from around 3km section of approximately 0.176% from the south-gu Incheon Metropolitan City to the Hando-ro 595.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of three copies of a written reply to inquiry, such as criminal history, investigation report (report on the previous conviction in the same case), summary order;

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. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant since the defendant, who had been already punished twice or more due to drinking driving, once again drives a vehicle, and the quality of the crime is not weak. The amount of alcohol concentration in blood at the time of detection is relatively high, the distance of driving under drinking is not short, and the vehicle driving is not short, and it causes a traffic accident leading to a vehicle driving prior to stopping for the atmosphere of signal while driving under drinking, and the driving of drinking is highly likely to harm another person's life, body, and property, and thus, it is necessary to strictly punish the defendant.

On the other hand, there is no past history of criminal punishment exceeding the fine due to the same kind of crime, and the family wanting to dissipate the defendant's wife, and the defendant is also again.