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(영문) 인천지방법원 2017.09.06 2017고단4668

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 January 29, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court. On March 30, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving) from the vice branch of the Incheon District Court.

[2] On June 8, 2017, at around 01:05, the Defendant driven a B-to-faced vehicle with approximately KRW 500 meters alcohol concentration at a distance of about 500 meters from the front of the 597 Dom-gu Incheon Seo-gu, Incheon, Seoul, to the front of the 108-dong apartment 100-dong apartment 1, the Defendant driven a B-to-faced vehicle with alcohol concentration at around 0.144%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was three times the same force as that of the defendant in sentencing, and the occurrence of the traffic accident in this case, the defendant's responsibility is not less and less than that of the defendant;

However, the past power is relatively old and has been punished as a fine, and the driving distance of this case is a short distance, the defendant is currently breaking his mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined by taking into account various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.