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(영문) 인천지방법원 2016.09.22 2016고단5112

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the Seoul Southern District Court, on January 16, 2009, a summary order of KRW 1,00,000,000 as a fine for the same crime from the Suwon District Court due to the same crime, and on October 22, 2010, a summary order of KRW 5,00,000,000,000 was issued for the same crime, respectively.

On July 31, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving B Posing a B Posing car with a alcohol content of 0.082% at around 22:30 on July 31, 2016, and proceeded with approximately 500 meters from the long distance at the Seo-gu, Seo-gu, Incheon to 796 ahead of the road as the original unit of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: References to inquiries, investigation reports (the confirmation of the past record of the same kind of crime), and copies of summary order attached thereto; and

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of the Defendant’s Order to Attend, in spite of the fact that the Defendant had three-time criminal history of drinking driving, etc., and is driving under the influence of alcohol, and the nature of the crime is not good; however, it does not reach a violation of other traffic-related Acts and subordinate statutes; the distance of movement is relatively short; the Defendant’s mistake is divided later; and the Defendant’s age, sex behavior, environment, family relationship, etc. are considered in all other circumstances where the sentencing conditions are attached, and such punishment is determined as above.