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(영문) 인천지방법원 2017.11.17 2017고단7020
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000,000 from the Seoul Northern District Court on November 12, 2009, a summary order of KRW 1,00,000 for the same crime from the Seoul Northern District Court on November 12, 2009, and a summary order of KRW 5 million for the same crime from the Incheon District Court on August 18, 2017.

On August 3, 2017, at around 07:35, the Defendant driven CM 5 automobiles under the influence of alcohol leveling from approximately 108 km to the same Do in front of the funeral ceremony of a high-class hospital in Seongbuk-gu Seoul, and from about 1km to the highest on the front of the four net-class road, at around 0.139% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and on the circumstances of drivers at home (A and digitization of documents);

1. Investigation reports (report on the situation of the driver in charge of driving, digitization documents), and notification of the results of crackdown on driving alcohol (digitalization documents);

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

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was sentenced to three times a fine due to drinking driving, as stated in the judgment, and that the Defendant was subject to four times a criminal punishment as stated in the judgment.

Although the Defendant was found to have driven alcohol again even before a weak month from the time of the crime of this case, the Defendant had been found to have been driving alcohol again, there is a high possibility of criticism.

The defendant's drinking numerical value is not easy.

At the time of detection, the Defendant stops a vehicle on the road along the center line.

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