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(영문) 인천지방법원 2018.04.12 2018고단867

도로교통법위반(음주운전)

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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

[Power of crime] On June 12, 2013, the Defendant was issued a summary order of KRW 1,50,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5,00,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act on December 30, 2015, respectively.

[Criminal facts] On November 11, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.178% from the 1km section to the front of the entrance of the “ray Stak Stak Stak Stak Stak Stak Stak Stak Stak Stakakakak,” located in Yeonsu-gu Incheon Metropolitan City, Incheon, to the front of the “Sakak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak St.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

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 a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reports;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service lies in the following cases: (a) traffic accidents have occurred while driving a vehicle under the influence of alcohol even though the Defendant had been punished twice due to the crime of drinking alcohol; (b) the crime previously punished; and (c) the alcohol concentration in blood measured at the time of the instant crime was significantly high; (c) the driver was driving a vehicle to drink 1 C at low level in order to run a restaurant; and (d) the responsibility is not weak in light of the circumstances of the relevant crime; and (e) the social harm of drinking driving is to be strictly punished in light of the relevant crime.

However, there is a personal damage that the defendant reflects his mistake and does not repeat again.