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(영문) 인천지방법원 2016.12.14 2016고단6232

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 19, 2014, the Defendant was sentenced to 8 months of imprisonment with labor by the Incheon District Court for the crime of interference with business, etc., and completed the enforcement of the sentence on June 10, 2015. On June 30, 2014, the Incheon District Court received a summary order of 5 million won due to a fine of violation of the Road Traffic Act (driving) from the Incheon District Court on June 30, 2014. On November 16, 2009, the Defendant was sentenced to 1.5 million won as a fine of violation of the Road Traffic Act (driving).

At around 00:00 on September 4, 2016, the Defendant driven a B-hand car with approximately 150 meters alcohol concentration 0.249% under the influence of alcohol from the upper street of 338, Gain-ro 338, Seo-gu, Incheon, Seo-gu, Incheon ( home Dong, Dogra), to the west Jeju Island, the same from the old west 150m-ro to the west Jeju High Road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of three copies of criminal records, probationary records, investigation reports (verification of the same criminal records), and summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. A sentence shall be imposed on the defendant in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is several times; (b) the person has a record of having been sentenced to the suspension of the execution of imprisonment with prison labor; (c) the person has re-offendered during the period of repeated crimes; and (d) the amount of drinking alcohol in this case

In full view of all the above circumstances and various other factors of sentencing, the sentence shall be determined as per the disposition.