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(영문) 인천지방법원 2016.06.15 2016고단1909
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 17, 2009, the Defendant was sentenced to 4 months of imprisonment and 2 years of suspended sentence for a violation of road traffic law in the Incheon District Court's Vice-Support on July 17, 2009. On September 5, 2013, the Incheon District Court sentenced the Defendant to 6 months of imprisonment with prison labor for a violation of road traffic law (drinking) and 2 years of suspended sentence, and the judgment became final and conclusive on December 21, 2013.

[2] On March 18, 2016, the Defendant was under the influence of alcohol content of 0.07% in blood around 00:07, the Defendant driven a 2km B rocketing car from the roads near the Seo-gu Incheon Metropolitan City in Seo-gu Incheon Metropolitan City, Seo-gu to the front road of 0.07% in accordance with the same Gu’s salary grade.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment to the same type of judgment, etc.), and text of judgment, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small volume are against the defendant, and the fact that the drinking volume of this case is not high is favorable.

However, in light of the fact that the defendant had four criminal records in the same way and, in particular, had three criminal records of probation, repeated again, and that the defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same kind of crime and not less than several months have passed since the period has passed, a sentence shall be imposed on the defendant.

In full view of all the above circumstances and various other factors of sentencing, the sentence shall be determined as per the disposition.

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