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(영문) 인천지방법원 2018.02.21 2017고단9255

도로교통법위반(음주운전)

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

On May 9, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million with respect to a violation of the Road Traffic Act (drinking driving), a summary order of KRW 1.5 million with respect to a violation of the Road Traffic Act (dacting driving) at the Seoul Southern District Court on August 20, 207, and a summary order of KRW 7 million with respect to a violation of the Road Traffic Act (dacting driving) at the Seoul Western District Court on December 7, 2012.

On October 2, 2017, the Defendant driven a car at approximately 200 meters away from the road front of the Crick Station in Gangseo-gu Seoul Metropolitan City, Genz C200 meters from around 0.186 percent alcohol level, while under the influence of alcohol level around 23:12, the Defendant driven a car at around 200 meters away from the road front of the Crick Station in Gangseo-gu, Gangseo-gu, Seoul to the front road of the charge station in ELP.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, and a summary order of the same power;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same 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 said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment other than those subject to punishment three times due to drinking driving.

Finally, five years have passed since the punishment was imposed.

D. Unfavorable circumstances: The crime of this case is likely to be committed again despite having been punished for the same kind of crime several times.