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(영문) 인천지방법원 2017.09.08 2017고단5278
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 8, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic laws (drinking driving) from the Ulsan District Court, and on June 18, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating road traffic laws (drinking driving) from the Incheon District Court.

[2] On July 1, 2017, at around 10:12, the Defendant driven a 30-car while under the influence of alcohol level of about 0.067% from the distance of about 5km to the front road of the heating field located at 151-gil, Seo-gu, Incheon, Seo-gu, Incheon, 11, the Home Puger-ro, 151-ro, the Defendant driven a 30-car under the influence of alcohol level of about 0.067%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (prior convictions in the same case);

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. 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. The Defendant had been sentenced to a fine on two occasions due to drinking driving under Article 62-2 of the Criminal Act, and once again driving under the influence of alcohol.

Defendant has a history of criminal punishment three times, including criminal records of driving under the influence of alcohol.

Considering the social risk of drinking driving, there is a need to punish the accused for the crime.

However, the defendant shows a serious reflectivity while recognizing the crime in this court and not repeating it.

The drinking value is relatively high, and the defendant makes a statement to the effect that he was driving under the condition that he was driving under the shortest drinking prior to the crime and reached the crime of this case.

The defendant is currently seeking a job.

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