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(영문) 인천지방법원 2017.10.11 2017고단5698
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 March 8, 2011, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 4 million in the same court on April 9, 2013, respectively, for the same crime at the same court.

Nevertheless, under the influence of alcohol content of around 01:25 on July 18, 2017, the Defendant driven a BOp car with approximately 0.142% of alcohol content during blood, and proceeded with approximately 2 km from the front of the mutual influorial convenience store located in Kimpo-si in Kimpo-si to the front of the death distance at the original city in Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, investigation reports (prior convictions and confirmations), and copies of summary orders attached thereto; and

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 (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend a lecture are as follows: (a) although the Defendant had a large number of criminal records in violation of the Road Traffic Act, including the four-time criminal records, the Defendant was driving a motor vehicle under the influence of alcohol in the instant crime; (b) however, the nature of the crime is not good; (c) the Defendant did not proceed to violate other traffic-related Acts and subordinate statutes; (d) the Defendant’s misunderstanding of his mistake; and (e) the Defendant’s age, sexual behavior, environment, family relationship, etc.; and

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