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(영문) 인천지방법원 부천지원 2018.01.17 2017고단2770
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 history] On November 7, 201, the Defendant received a summary order of KRW 2.5 million from the Seoul Southern District Court to a fine of KRW 2.5 million, and a summary order of KRW 1 million from the Suwon District Court to the same crime on September 26, 2008.

[2] On November 8, 2017, the Defendant driven a B-tem motor vehicle under the influence of alcohol concentration of about 0.169% from a 60-meter section from the 56-10-ro Do-ro 56 to the 24-41-ro Do-ro Do-ro 56, Seocheon-si Do-ro Do-ro 56, Seocheon-si Do-ro, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is in need of strict punishment as it is highly dangerous and social harm is considerable.

- The Defendant, as stated in its reasoning, has been punished by a fine on two occasions due to driving under drinking, but has again driven under drinking without being able to do so.

- However, the accused has been divided into a serious mind and has not committed a second offense.

- There is no history that the defendant has been punished beyond a fine.

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