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(영문) 인천지방법원 부천지원 2017.07.07 2017고단1029
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

[Power of crime] On December 2, 2008, the Defendant received a summary order of KRW 6 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court's Branch Branch, and a violation of the Road Traffic Act in the case of a violation of the Road Traffic Act. On April 11, 2014, the same court received a summary order of KRW 4 million due to a violation of the Road Traffic Act.

[2] The Defendant, as seen above, driven BM7 cars under the influence of alcohol at approximately 0.17% in the 1km section from the 8-ro, Kimpo-si, Kimpo-si on April 24, 2017 to the 229-ro, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si on April 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Investigation report on actual condition, report on occurrence and on-site photographs, report on the circumstances of the driver of the vehicle driving, and notification of the results of crackdown on drinking driving;

1. The ledger using sobling measuring instruments;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (the confirmation of the previous history), and application of the statutes governing summary orders;

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 Code of the Order to Attend a lecture or the Order of Community Service: The necessity for a strict punishment for driving of drinking alcohol is 0.117%, the alcohol level in the blood of this case is 0.117%, the occurrence of a traffic accident while driving a drinking, the history of punishment for the same crime is more favorable: The recognition of and reflects the crime, the absence of the history of having been sentenced to a suspended sentence or heavier punishment, and other various sentencing conditions shown in the records and arguments, such as the motive and background of the crime, the means of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order.

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