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(영문) 인천지방법원 2018.09.05 2018고단5148

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2009, the Defendant is a person who has violated road traffic laws (drinking) not less than twice at the Incheon Southern Police Station on December 29, 2009, twice at the Incheon Southern Police Station on May 21, 2012, and three times at the Incheon Southern Police Station on April 21, 2014.

On May 24, 2018, at around 22:10, the Defendant driven a c-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

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 and the Order of Community Service has the history of criminal punishment several times due to the Defendant’s violation of Road Traffic Act (driving driving), the Defendant’s blood alcohol content (0.150%) at the time of the instant case is high, while the Defendant’s family members are against the Defendant’s crime of this case, the Defendant’s promise to prevent the Defendant’s recidivism, and the Defendant’s family members want the Defendant’s wife while promising to commit the crime of this case, the Defendant’s age, age, sexual behavior, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the crime, etc., shall be determined by comprehensively taking account of the following factors: the driving distance, driving distance