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(영문) 인천지방법원 부천지원 2018.02.08 2017고단3091

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] The Defendant was sentenced to a fine of one million won on June 2, 201 to a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag, and was sentenced to a suspended sentence of two years on December 15, 201 to a crime of violating the Road Traffic Act (drinking driving) at the Suwon Flag, the Defendant was sentenced to a suspended sentence of two years on August.

[Criminal facts] On November 27, 2017, the Defendant driven a B-string car at the 1km section from the 1km away from the city of Sindo-dong, Sinsi-dong, Sinsi-dong, Sinsi-si, with alcohol content of 0.179% under the influence of alcohol during blood around 00:12.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, report on the detection of the driver at home, and response to requests for appraisal;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the text of the judgment;

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. Although the defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the community service order are several times as before the judgment of the court, the crime of this case is not committed, but it is not good to have committed the crime of this case. On the other hand, the defendant reflects his or her mistake, and all other circumstances including the defendant's age, sex, circumstances of drinking, and criminal records