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(영문) 인천지방법원 2018.06.11 2018고단2844
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2014, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Incheon District Court on March 21, 201, and on January 29, 2015, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment for a crime of violating the Road Traffic Act.

Nevertheless, at around 02:57 on February 25, 2018, the Defendant driven a coo car in B while under the influence of alcohol concentration of about 100 meters from a section of about 100 meters from the roads near the Bupyeong-gu Incheon Metropolitan Bupyeong-gu to the front of the same 45-ro, the same funeral route.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (a copy of the same criminal record and summary order, and a copy of the judgment);

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. In light of the fact that the Defendant committed the instant crime since five times or more for the same type of crime with the same reason for sentencing (the favorable circumstances in sentencing as set forth below) under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”), and that the period of suspended execution has not elapsed, it is inevitable for the Defendant to severely punish him.

However, it shall be considered that there is a favorable circumstance in favor of the defendant, and the punishment as ordered shall be determined in consideration of the age, sex, environment, motive, means and consequence of the crime, and various circumstances shown in the arguments of this case, such as the circumstances after the crime.

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