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(영문) 인천지방법원 2017.07.12 2017고단3280

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

【Power of crime】 On December 7, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on December 7, 201; and on January 4, 2012, the same court issued a summary order of KRW 7 million for the same crime, etc. on at least two occasions and violated Article 44(1) of the Road Traffic Act.

【Criminal facts” around 00:25 on April 7, 2017, the Defendant driven Category B 5 meters of alcohol while under the influence of 0.235% of alcohol in blood in the vicinity of the parking lot in Yeonsu-gu Incheon apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Arrest reports, reports on the circumstances of the driver involved in the crime, photographs, and investigation reports;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 provides that the defendant's responsibility shall not be denied in light of the following: (a) the defendant's reason for the suspended sentence is that the defendant had the same record twice, but the same record was repeated; and (b) the drinking volume of this case is high.

However, the previous power is not punished by a fine, and the driving distance of this case is a short distance, the defendant is currently breaking his mistake in depth, the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.