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(영문) 인천지방법원 2018.05.09 2018고단1209

도로교통법위반(음주운전)

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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 February 12, 2010, the Defendant received a summary order of 2 million won from the Incheon District Court to a fine for a violation of the Road Traffic Act (dacting driving), and on January 20, 201, by the Ulsan District Court, a fine of 2.5 million won for a violation of the Road Traffic Act (dacting driving).

[2] On January 7, 2017, at around 18:40, the Defendant driven Bco-sports cargo vehicles under the influence of alcohol 0.137% from a section of approximately 1k-m alcohol level to the front of the public parking lot located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, from the front of the public parking lot to the transmission-distance road located in the transmission-dong of Incheon Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 to Attend a lecture or the Order of Community Service is relatively high, having been punished three times due to the Defendant’s crimes of violating the Road Traffic Act (driving) around January 2005, around February 201, around January 201, around January 201 (other than those, having been punished twice as crimes of violating the Road Traffic Act (Free License) around May 201 and around September 201). The Defendant’s blood alcohol content (0.137%) at the time of the instant case is relatively high. Meanwhile, the Defendant’s age, sex, environment, motive and background of the instant crime, method and method of the instant crime, circumstances after the instant crime, etc., shall be determined by comprehensively taking into account the following factors: the Defendant’s age, sex, and the Defendant’s motive, method and method of the instant crime, and circumstances after the instant crime.