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(영문) 인천지방법원 2017.02.09 2016고단8285
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 April 4, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Incheon District Court on April 4, 2007, and issued a summary order of KRW 2 million at the same court on March 7, 201 as an identical crime, and issued a summary order of KRW 2 million at the same court on March 7, 201.

Although the Defendant violated Article 44(1)(d) of the Road Traffic Act at least twice, on October 28, 2016, the Defendant driven a Btop car with a alcohol content of 0.161% under the influence of alcohol at around 22:18, Oct. 28, 2016 and proceeded with a section of about 1 km from the front side of the southwest-gu, Incheon, Seocheon-gu to the front side of the 2291 unit, located in Seocheon-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 during blood;

1. Previous convictions: References to inquiries, investigation reports (reports attached to the summary order of the same kind of power), and application of Acts and subordinate statutes of the summary order bound 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 Course are as follows: (a) although the Defendant had a large number of criminal records, including the four same criminal records, which violated the Road Traffic Act, the Defendant committed the instant crime while under the influence of alcohol, the nature of the crime is not good; (b) the Defendant did not reach a violation of other traffic-related Acts and subordinate statutes; (c) the Defendant’s misunderstanding of his mistake late; and (d) the Defendant’s age, sexual behavior, environment, family relationship, etc.; and (e) the Defendant’s above punishment is determined by

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