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(영문) 인천지방법원 부천지원 2017.11.10 2017고단2237
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 Records of Crimes】 On October 16, 2006, the Defendant received a summary order of KRW 5 million as a fine for a violation of road traffic laws in the Gwangju District Court’s net support on October 16, 2006, and a summary order of KRW 2 million as a fine for a violation of road traffic laws at the Seoul District Court’s Central District Court on April 29, 2010.

【Criminal facts】 On September 18, 2017, the Defendant driven a D low-speed car with a alcohol content of 0.137% while under the influence of alcohol at 0.137% during blood, as from the influence point of 265 to the influence of Busan-si, Seocheon-si, Busan-si, the Defendant driven a vehicle with approximately 10 meters away from 265 to the front road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture include: (a) the Defendant reflects his mistake; (b) the driving distance is relatively short; (c) the Defendant’s three times of punishment for the same kind of crime; and (d) the fact that the blood alcohol content is higher than 0.137%; and (c) the fact that the blood alcohol content is higher than 0.137% in the process of the instant pleadings are considered; and (d) the sentence identical to the order is determined by taking account of various sentencing conditions indicated in the instant pleadings.

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