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(영문) 인천지방법원 부천지원 2017.02.16 2017고단117
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 November 7, 2011, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court Branch on November 7, 201, and was sentenced to imprisonment with labor for 10 months and suspension of execution for the same crime on June 25, 2014.

On December 19, 2016, the Defendant driven C motor vehicles with alcohol content of about 0.136% at a distance of about 500 meters from the Do in front of the North East East East East-dong to the 71st 43rd road in the same city from the Do in front of the North East-dong of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol (List 2);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history (list 11);

1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing period under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, and Article 62-2 of the Act on the Punishment, etc. of the Defendant’s favorable circumstances (a confession and reflective nature) and unfavorable circumstances (in addition, at the time of the above three times, the period of suspension of the execution of the previous criminal records of the same kind was terminated, and even if it was about five months after the expiration of the period of suspension of the execution of the previous criminal records of this case, the quality of the crime is pleasure, pleasure, alcohol concentration in blood, etc. of the Defendant’s drinking and driving habits is not low, and it is deemed that strict control, management, and education on the Defendant’s drinking and driving habits are necessary to prevent recidivism of the same or similar criminal acts). Other sentencing factors mentioned in this case, such as the Defendant’s age, sex, living environment, and circumstances after the crime

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