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(영문) 인천지방법원 2017.09.07 2017고단5306
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

[criminal history] On April 12, 2007, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million from the same court to a fine for the same crime on June 30, 201, respectively.

[2] On June 15, 2017, at around 23:17, the Defendant driven B SP car under the influence of alcohol content of about 0.082% from the 4km section of alcohol in the south-gu Incheon Metropolitan City to the 59th road in the south-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. A previous conviction: A written inquiry, a report on the result of a previous conviction before and after the disposition, and application of the summary order statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant had been punished three times for the same crime; (b) the fact that the defendant caused physical damage while driving alcohol, etc. is against the disadvantage; and (c) the fact that the drinking volume does not exceed 0.1%; and (d) the punishment as ordered shall be determined by taking into account the favorable circumstances, taking into account all the factors such as the defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

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