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(영문) 인천지방법원 부천지원 2017.08.25 2017고단1151

도로교통법위반(음주운전)등

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 24, 2012, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court to a fine of KRW 1,00,000,000 for a crime of violating the Road Traffic Act, and on November 14, 2013, a summary order of KRW 4 million was issued by the Incheon District Court to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act.

[Criminal facts] On May 20, 2017, the Defendant driven C rocketing car under the influence of alcohol content of about 0.123% without a vehicle driver’s license at approximately 500 meters from May 20, 201 to the same Si-U.S., Nowon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), from around 05:49 to the same Si-U.S., Nowon-gu road.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the result of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, report on the situation of driving of drinking alcohol and report on the state of non-licensed driving;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (formers and filing reports of the summary order) and application of the statutes governing summary orders;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. An order to attend a lecture or to provide community service order for the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that it is necessary to strictly punish him/her in light of the danger of drinking driving, the fact that he/she can have the record of punishment for the same kind of crime (two times of drinking driving and non-licensed driving) and that the alcohol concentration among the blood transfusion of this case is 0.123% higher: The fact that he/she recognizes and reflects the crime, the fact that he/she does not cause any traffic accident, and the fact that he/she does not cause any traffic accident, and other various sentencing conditions indicated in the records and theories of change, such as the motive and circumstance of the crime, means of the crime