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(영문) 인천지방법원 2016.09.29 2016고단4454
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2006, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 2.5 million by the same court on September 13, 2010.

On June 21, 2016, the Defendant driven B Poter freight with alcohol content of 0.083% in blood around 22:24, and proceeded with approximately 300 meters distance from the roads near the Seo-gu Incheon Western-ro 26, Seo-gu, Incheon, Seo-gu, Seo-gu, to the front road of the stadium for hot wells.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous conviction: References to inquiries, investigation reports (verification of the same criminal records as the suspect), and copies of summary order attached thereto; and

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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course is that the Defendant, on the ground of sentencing, committed the instant crime under the influence of alcohol, despite a large number of criminal records of violating the Road Traffic Act, including three times the same criminal records due to driving under drinking, etc., and also committed the instant crime, but the nature of such crime is inferior, but it does not reach a violation of other traffic-related Acts and subordinate statutes. However, the amount of alcohol concentration during the blood is relatively low, the moving distance is relatively short, and the movement distance is too short, and it is said that the Defendant would not repeat the crime, such as late, his mistake is divided, and the registration of the vehicle in possession is cancelled, taking into account all the circumstances surrounding the sentencing conditions, such as the Defendant’s age, sex, environment, and family relationship.

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