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(영문) 인천지방법원 2016.10.20 2016고단4720
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2009, the Defendant was sentenced to imprisonment with prison labor for four months with prison labor for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. on May 12, 2010, five million won with the same crime, etc. in the same support, and six months with prison labor for the same crime, etc. on April 29, 201.

On June 29, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, was driving a rocketing car under the influence of alcohol level of 0.129% at around 22:30 on June 29, 2016, and proceeded with a section of approximately 1km from the Do in front of the gallle of the gallle in the city of the same city to the gambridge in the city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Making a report on the control of drinking driving;

1. Previous convictions: Inquiries, inquiry reports, investigation reports (verification of the same criminal records), and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., when the defendant drives a vehicle under the influence of alcohol in spite of the criminal records of the same kind four times. However, while the defendant is under the influence of alcohol in the instant case, he is not guilty of the nature of the crime. However, the defendant's age, age, and age of the defendant is the following: (a) the defendant is driving a vehicle to avoid abnormal behavior of a person under the influence of alcohol while intending to avoid abnormal behavior of a person under the influence of alcohol after construction of a human body in a remote place; and (b) to move to a place where a proxy driver can take place; (c) it does not reach a violation of other traffic-related Acts and subordinate statutes; (d) his mistake is pened; and (e) he takes procedures for the scrapping of the vehicle in his possession.

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