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(영문) 인천지방법원 2017.11.10 2017고단7320
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

On August 29, 201, the Defendant was notified of a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on August 29, 201, and on March 26, 2015, the Defendant was notified of a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Incheon District Court on March 26, 201.

On April 14, 2017, around 00:35, the Defendant driven B SP car in the state of alcohol with approximately 0.128% alcohol concentration in blood from around 4km section from the front of the Seo-gu Incheon, Seo-gu, Incheon to the front of the 166-ro, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to each such criminal record and report, a copy of each summary order);

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. 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 order of punishment shall be determined by comprehensively taking into account all the circumstances revealed in the instant case, such as drinking alcohol, the observation of protection and community service order, the community service order, the condition unfavorable to the punishment of Article 62-2 of the Criminal Act (the same type of crime committed again even if the record of punishment was twice the same offense, etc.), favorable circumstances (the fact that the crime is recognized and reflected, and there is no record of crime exceeding the fine, etc.) and other circumstances, such as the distance between the previous record of the same punishment, driving distance, the age, the criminal defendant's age, sexual behavior, the environment, circumstances leading to the crime, and the circumstances after the crime, etc.

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