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(영문) 인천지방법원 2018.01.19 2017고단6257
도로교통법위반(음주운전)등
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

【Criminal Force of Crimes】 On December 5, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act (drinking in drinking), and on August 29, 2014 at the Incheon District Court, on at least two occasions, by receiving a summary order of KRW 5 million as an identical crime from the same offense.

【Criminal fact-finding on July 16, 2017, the Defendant driven a B-Engine bicycle not covered by mandatory insurance in the state of alcohol concentration of approximately 0.149% from the 1km section to the front road of the 1km apartment located in the 77-ro, Nam-gu, Incheon, Nam-gu, Incheon, under the influence of KRW 180,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Results of Mandatory insurance inquiries, erroneous soil contamination, and drinking measurement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (in the case of the same kind of case);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (referred to driving under drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment, respectively;

1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];

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, on the grounds of sentencing under Article 62-2 of the Criminal Act, once driving alcohol, even though he/she had a record of criminal punishment three times due to drinking driving, including the previous conviction in the judgment.

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