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(영문) 인천지방법원 2017.08.25 2017고단4923

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 13, 2013, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 5,00,000 as a crime of violation of the Road Traffic Act from the Incheon District Court on November 28, 2017.

[2] On June 8, 2017, at around 00:02, the Defendant driven CSM 5 automobiles under the influence of alcohol concentration of about 0.148% in a section of about 100 meters from the 158m of so-called So-called So-called So-dong Park located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the front of So-dong Park.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Notification of the results of regulating the driving of drinking alcohol and the statement in the circumstances of the driver in charge of drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and application of Acts and subordinate statutes to criminal reports (Attachment to the same type of crimes);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, once again driven alcohol while being subject to criminal punishment by driving alcohol twice within the last four years.

The drinking level and drinking level caused by the crime of this case have reached a considerable degree.

Considering the social risk of drinking driving, there is a high need to punish the defendant for the crime.

However, the defendant shows that the defendant recognized the crime in this court, and shows a strong reflectivity.

The Defendant, prior to committing the crime, has a circumstance in which he intends to leave the driving engineer on his behalf, and the proxy driver is gathered.