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(영문) 인천지방법원 2017.05.17 2017고단496
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 12, 2007, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, a summary order of KRW 1.5 million from the same court on December 18, 2008 to a fine of KRW 1.5 million for the same crime, and a summary order of KRW 5 million from the same court on December 13, 2012 to a fine of KRW 5 million for the same crime.

On December 17, 2016, at around 05:10 on December 17, 2016, the Defendant driven Bsch Rexton car in the state of alcohol alcohol concentration of approximately 0.228% from a 200-meter section of blood alcohol level to the front road of the apartment 203-31, which is located in the area of the apartment Yandong-dong, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each statement of E and F;

1. The survey report on actual condition, each photograph, and the report on the circumstances of the driver's license in the main place;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal history of the same kind), and statutes;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act led to re-offending despite the fact that the defendant had the same power three times in sentencing, the fact that the drinking value of this case is high, and the traffic accident that shocks the parking vehicle in this case, the defendant's responsibility is not minor.

However, the past history is relatively old and has been punished by a fine, and there is no particular criminal history against the defendant, and the defendant is currently repenting his or her mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime are shown in the arguments of this case, such as age, sex, environment, motive, means and consequence of the crime.

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