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(영문) 인천지방법원 부천지원 2017.08.18 2017고단1311
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

[criminal history] On September 30, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving alcohol) at the Seoul Central District Court on September 30, 201, and on April 12, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving alcohol) at the Seoul Central District Court.

[2] On June 6, 2017, the Defendant driven B rocketing car at around 0.084% alcohol concentration in blood on the 10km section to the front road of the 170-ro Kimpo-si Kimpo-si, Seo-gu, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-gu, Seoul, to the 170-ro 10, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the circumstances of a driver driving, a report on the results of regulating the driving of drinking, and a register of the use of a drinking measuring instrument;

1. Bluice stuffs images;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment to the previous rulings), and application of the statutes of the judgment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The need for strict punishment in light of the risk of drinking alcohol driving, the Defendant caused a traffic accident while driving the instant drinking, and the circumstances that are favorable to the fact that there are two times the records of punishment for the same kind of crime: The recognition of and reflects the crime, and other various factors of punishment as ordered, including the motive and background of the crime, the means of the crime, the circumstances after the crime, and the degree of alcohol concentration in blood, etc., shall be determined by taking into account the various factors of punishment as stated in the text of the order.

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