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(영문) 인천지방법원 2017.03.23 2016고단7665
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

On December 30, 2013, the Defendant received a summary order of a fine of five million won or more for a crime of violating the Road Traffic Act from the Incheon District Court on December 30, 2013, and a summary order of two million won or more for the same crime in the same court on March 24, 2015, respectively.

On October 10, 2016, at around 02:10, the Defendant driven a B SP car under the influence of alcohol content 0.095% from a section of approximately 2km to the front road of the Bupyeong-gu Incheon Bupyeong-ro, Bupyeong-gu, Incheon, Seo-gu, Incheon, to a level of about 2km alcohol content from the road located in the Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend: The circumstances in which the defendant recognized the crime of this case and committed two times more favorable to the fact that the defendant has been punished for the same crime: The defendant has no record of being punished in excess of the fine, and the defendant's age, sex, behavior, environment, means and result of the crime, etc., and the various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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