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(영문) 인천지방법원 2018.01.24 2017고단8423
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 201, the Defendant received a summary order of KRW 7 million due to a violation of the Road Traffic Act (drinking driving), etc. from the Incheon District Court’s Busan District Court on August 9, 2017 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and operated at least twice a violation of Article 44(1) of the Road Traffic Act on at least two occasions. On November 22:5, 2017, the Defendant driven a e-mail truck from approximately 100 meters of alcohol content from around 31, 535, the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon District Court around November 22:5, 2017 to the end of 39:5, from around 100 meters of alcohol content during blood, to KRW 0.073% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act provides that the defendant shall have the same record as the defendant for the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, and some of them shall be subject to the recent punishment, but shall not be subject to the minor punishment.

However, the previous records are punished by a fine, and there is no particular criminal history for the defendant, in addition to the fact that the defendant has no specific criminal history, such as drinking volume and driving distance of the case, the defendant's mistake is currently divided in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of the case, such as the defendant's age, sex, environment, motive, means and consequence, shall be determined as the same as the order.

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