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(영문) 인천지방법원 2018.04.20 2018고단659

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 October 25, 2011, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on March 26, 2015, the Defendant received a summary order of a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

On January 2, 2018, at around 22:53, the Defendant driven Cenz’s car in the state of alcohol of approximately 0.099% of alcohol concentration in the blood from the Yeonsu-gu Incheon Do near Yeonsu-dong, Yeonsu-gu, Incheon to the roads in front of the 156 string-ro, Yeonsu-gu, Incheon.

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 a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation;

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 Act, despite the fact that the defendant had been punished twice due to drinking driving, again committed the instant crime, there is a high possibility of criticism.

The drinking volume of the accused has reached a considerable degree. However, the accused has led to the confession of the crime and the mistake.

The defendant's main figures are leading the defendant and appeal against the defendant.

A defendant has no record of having been sentenced to imprisonment without prison labor or heavier punishment.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.