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(영문) 인천지방법원 2017.06.14 2017고단1685
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 December 12, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Incheon District Court, and issued a summary order of KRW 5 million for the same crime at the same court on June 7, 2013.

[2] On March 11, 2017, around 02:06, the Defendant driven B rocketing vehicles with alcohol content of about 2km from approximately 0.134% from the blood alcohol content to the 0.134% from the border distance in the same west-dong, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and internal investigation report on the situation of the driver at the main place of business;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (to file a copy of a summary order) by 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. 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 include four times the same power as that of the defendant, but has reached a second offense, the defendant's responsibility is not weak;

However, the past records are both punished by a fine and are not relatively recent, and the defendant is in depth of his mistake, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are considered in the arguments of this case, and the punishment as ordered shall be determined by taking into account various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime.

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