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(영문) 인천지방법원 2017.12.06 2017고단7339
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

On March 8, 2010, the Defendant, at the Incheon District Court, issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act, and issued a summary order of KRW 1.5 million on May 18, 2013 to a person who violated at least two times Article 44(1) of the Road Traffic Act by having issued a summary order of KRW 1.5 million for the same crime at the same court on May 18, 2013. On September 22:57, 2017, the Defendant driven B chip car while under the influence of alcohol content of KRW 0.182% during blood alcohol during the influence of alcohol at around 0.182%, driving the Bchip car in the middle-gu Incheon District Court near the roadside Hospital located in the Dong-gu Incheon Metropolitan City, and proceeded with approximately 2 km section from around the same Gu c

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under the liquor:

1. Previous conviction: Reference letter, confirmation of identical force, and application of the Acts and subordinate statutes of the summary order attached thereto;

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 and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School are as follows: (a) although there are two times of crime and several times of violation of the Road Traffic Act, the Defendant is not guilty of the crime in the instant case in which he drives a motor vehicle under the influence of alcohol; (b) however, the Defendant is deemed to have been driving a motor vehicle by making a judgment that his substitute driver after drinking alcohol not from time to time; (c) the Defendant did not reach a violation of other traffic-related Acts and subordinate statutes; (d) the Defendant did not repeat the crime by selling a motor vehicle; and (e) the Defendant’s age, sexual behavior, environment, family relationship, etc. are considered all the circumstances under which the sentencing conditions are attached, such as the Defendant’s age, sex, and family relationship.

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