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(영문) 인천지방법원 2018.07.18 2018고단3582

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On August 7, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag method Board, and on November 12, 2010, a summary order of KRW 1.5 million for the same crime at the same court.

[Criminal facts] On April 22, 2018, the Defendant driven DMW car under the influence of alcohol with approximately 0.189% alcohol concentration at approximately 74 meters from the roads located in Bupyeong-gu Incheon Metropolitan City around 05:00 to the roads located in Seocheon-si, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the reduction of the amount of punishment is high. The defendant was punished twice by a fine for the crime of violating the Road Traffic Act around August 2008 and around November 2010. The defendant committed the instant crime during the suspension period of punishment for 2 years of suspension of execution, community service order, protection observation, despite being sentenced to imprisonment for 2 years of suspension of execution, community service order, and protection observation on June 23, 2017 (the sentence is inevitable). The defendant committed the instant crime during the suspension of execution (0.189% of alcohol). The defendant's blood content during the instant suspension period (0.189% of the defendant's blood alcohol content) is high. Meanwhile, the defendant reflects the instant crime, the defendant's age, sex, environment, motive and method of the instant crime, the motive and method of the instant crime, circumstances after the instant crime, etc. shall be determined by taking into account the following circumstances.