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(영문) 인천지방법원 2017.09.01 2017고단4669

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 March 7, 2011, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and on October 12, 2012, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving of Drinking) in the support for development of the source of water sources.

On June 7, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.083% at a distance of about 200 meters from the 21st night village to the front day of the 21st night village in Gyeonggi-do Mag-si to the front day of the Magsan-si Magsan-si, Gan-si.

Summary of Evidence

1. Statement by the defendant in court;

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. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 order of punishment shall be determined by comprehensively taking into account all the circumstances revealed in the instant case, such as drinking alcohol, the observation of protection and community service order, the community service order, the condition unfavorable to the punishment of Article 62-2 of the Criminal Act (the fact that the person who has been punished for the same type of crime was repeated twice, etc. despite the fact that the person has been punished for the same type of crime), favorable circumstances (the fact that the person is recognized as committing the crime and there is no record of the crime exceeding the fine) and other factors, such as the distance of time from the records of the same type of punishment, driving distance, the age, the criminal defendant's age, sexual behavior, environment, circumstances leading to