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(영문) 인천지방법원 부천지원 2018.03.16 2018고단226

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 February 25, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 25, 2009, and on December 2, 2014, the Seoul Southern District Court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on December 2, 201, and has experience of being punished twice or more for drinking driving.

On January 19, 2018, the Defendant driven Cwn Noon Nomn No. Ra, while under the influence of alcohol 0.105% in the section of approximately 300 meters from the upper east-dong, Seocheon-si, Busan to the 69rd-si, Seocheon-si, the Defendant driven a vehicle with approximately 300 meters alcohol while under the influence of alcohol 0.105%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the same criminal record and summary order);

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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the Defendant’s mistake, comprehensively taking into account the motive and background of the instant crime, blood alcohol concentration, contents and frequency of the same crime record, circumstances after the instant crime, and other various sentencing conditions shown in the instant trial, such as the Defendant’s age, sex behavior, family relationship, economic situation, etc., and determine the sentence as ordered.