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(영문) 인천지방법원 2018.02.21 2017고단9292
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 February 18, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Incheon District Court on February 18, 2009, and on March 22, 2012, a summary order of KRW 5 million as a fine for the same crime from the vice branch of the Incheon District Court.

On December 16, 2017, at around 04:35, the Defendant driven a motor vehicle with alcohol level of approximately KRW 3.2 kilometers from the body part of the king-dong Incheon Seo-gu, Seo-gu to the high-priced of approximately 1225-1, as the body water of the same Gu, while under the influence of alcohol level of at least 0.192%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Accident photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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 the record of criminal punishment twice due to drinking driving as stated in the judgment, and again committed the instant crime even though he/she had the record of criminal punishment on two occasions due to driving of drinking, as stated in the judgment. The Defendant has the record of criminal punishment once due to driving without a license.

The Defendant’s drinking volume has reached a considerable level. The Defendant stated to the effect that the Defendant was unable to memory the facts driven in the police investigation despite the occurrence of an accident that causes damage by shocking the columns of early entry into a high level. As such, the Defendant’s crime was likely to lead to a larger traffic accident.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The defendant.

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