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(영문) 인천지방법원 2018.04.11 2018고단64
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 December 23, 201, the Defendant was issued a summary order of KRW 3 million for a crime of violation of road traffic law at the Seoul Central District Court on December 23, 201, and KRW 1 million for the same crime from the vice branch of the Incheon District Court on November 24, 2009, respectively.

[2] On December 18, 2017, the Defendant driven a coo vehicle in D while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.170% from the 500-meter section from the front of the fluxafel in the operation Dong of Gyeyang-gu, Incheon to the second apartment complex in the Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal of alcohol concentration in the blood;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (verification of the same kind of force), and application of Acts and subordinate statutes attached to two summary orders;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, such as the fact that the defendant, who has already been punished twice or more due to drinking driving, has already been under the influence of drinking, and the quality of the crime is not good, and the amount of alcohol concentration in blood was considerably high by 0.170% at the time of detection, and the driving of drinking is highly likely to inflict harm on another person's life, body, or property, and requires strict punishment.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that all previous previous criminal records have been six years or less, and they do not have the same criminal records for the last five years, that the distance of driving under drinking at the time of this case is not relatively long, and that it is hard to say that the defendant would not drive under drinking again, such as selling vehicles to others, etc., are favorable to the defendant.

. The above.

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