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(영문) 인천지방법원 2018.03.07 2017고단9416

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 30, 2013, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for a year, for a crime of violating the Road Traffic Act (drinking driving), and two years in imprisonment with prison labor for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on January 13, 2016.

[2] On November 26, 2017, around 07:26, the Defendant driven a Crash car in the state of alcohol alcohol concentration of about 0.225% at the section of approximately 2.86 km from the roads near the Nam-dong, Nam-gu, Incheon, Seoul to the roads near the 313 Haak-ro, Haak-ro, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history, investigation report, and judgment;

1. In full view of the following circumstances, under the pertinent legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

Unfavorable circumstances: Although the defendant was punished for the same kind of crime over several times, it is highly likely to repeat the crime of this case again.

In particular, at the time of the crime of this case, the defendant did not have committed the crime of this case even though he had been in the period of suspension of execution due to the same crime.