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(영문) 인천지방법원 2017.06.28 2017고단2474
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 10, 2010, the Defendant received a summary order of KRW 2,50,000 from the Incheon District Court to a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act (dacting driving), and on January 25, 201, as a crime of violating the Road Traffic Act (dacting driving), respectively.

[2] On March 19, 2017, around 21:20, the Defendant driven B rocketing taxi under the influence of alcohol content of about 0.192% during blood while under the influence of alcohol at approximately 300 meters from 104 Do-ro, Dong-gu, Incheon, Incheon, to the 20th Do-ro, Do-ro, 104.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and a statement on the circumstances of the driver involved in the driving;

1. Previous conviction in judgment: Application of a written inquiry, such as criminal history, and of each summary order;

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. 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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had the same power twice in sentencing, re-offending the crime is high, the traffic accident occurred in the process of raising drinking level, and the defendant has a relatively large number of criminal records, the defendant's responsibility is not easy.

However, the same force as above is punished by a fine, and the record of the crime including it is relatively long long, the driving distance in this case is a short distance, the defendant is in depth of his mistake, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined as ordered in consideration of various sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, motive, means and consequence, and circumstances after the crime.

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