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(영문) 인천지방법원 2018.07.25 2018고단4308

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On September 8, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act by the Incheon District Court, and on November 7, 2013, the Defendant was issued a summary order of a fine of four million won for the same crime in the same court.

[2] On May 2, 2018, under the influence of alcohol content of 0.063% during blood transfusion around 00:28, the Defendant driven from the front of the shooting distance of the ancient citizen hall in the Southern-dong, Incheon Metropolitan City to the front road of the 671 South-gu, Nam-gu, Chungcheongnam-gu, Seoul to the end of the 671 ordinary church.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of an inquiry letter, such as criminal history, investigation report (No. 9) and copies of summary order Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the defendant was sentenced to three times a fine on or around December 1999, around September 2009, and around November 2013 (other than punishment, three times a fine for violating the Road Traffic Act (unlicensed Driving) from around 2010; two years a suspended sentence; one time a prison term of imprisonment for a violation of the Road Traffic Act; two years a suspended sentence; one time a prison term of imprisonment for a violation of the Road Traffic Act; two years a prison term of probation; one time a prison term of imprisonment; the defendant reflects the instant crime; the defendant’s blood alcohol concentration (0.63%) was not relatively high; the defendant’s age, distance, driving distance; the defendant’s age, sex, environment, motive, means and method of the instant crime; and other circumstances after the instant crime, etc. shall be determined by comprehensively taking into account the following factors and conditions as stated in the order of the public trial.