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(영문) 인천지방법원 2016.05.26 2016고단1906

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 16, 201, and the Defendant issued a summary order of KRW 2 million for the same crime from the Daejeon District Court on October 24, 201 to the same crime on October 24, 201.

Nevertheless, on March 27, 2016, the Defendant driven a car with 0.171% alcohol while under the influence of alcohol during blood around 18:35, and proceeded with approximately 200 meters from the day near the day market in the Southern-gu Incheon Metropolitan City drawing zone to the day front of the day market located in 21-2 as the same Gu day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Response to a request for appraisal;

1. Previous conviction: Application of a reply to inquiry, and a copy of each summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Republic of Korea is that the Defendant, in spite of the criminal records of two times of crime and several times of violation of the Road Traffic Act, is not less than the nature of the crime in the instant crime, but the Defendant is less likely to drive a vehicle on the way of returning to Korea for moving the vehicle illegally parked in another place on the next day to work. However, the Defendant is less likely to violate other traffic-related Acts and subordinate statutes, not to violate other traffic-related Acts and subordinate statutes, the driving distance does not reach a relatively short range, the circumstances that the Defendant should support the mother, the circumstances that the Defendant should support the mother, the Defendant’s age, sex, occupation, environment, family relationship, etc., and all other circumstances that form the condition for sentencing, such as the Defendant’s age, sex, occupation, occupation, family relationship.