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(영문) 인천지방법원 2017.10.18 2017고단5796
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

【Criminal Records of Crimes】 On December 31, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on December 31, 2009, and on April 22, 2016, a summary order of KRW 3 million for the same crime at least two times, respectively, in violation of Article 44(1) of the Road Traffic Act.

【Criminal facts” around July 21, 2017, around 23:05, the Defendant driven BM7 car under the influence of alcohol level of about 100 meters from a 100-meter section of alcohol level to the front road of the Cheongra Women Hospital located in Seo-gu Incheon Metropolitan Government Office, Seo-gu, Incheon, to a 602-round middle-water restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report and report on the situation of the operation of the main house;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and 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. Article 62-2 of the Criminal Act provides that the defendant's responsibility shall not be mitigated in light of the fact that the defendant's reason for sentencing is twice the same power as that of the defendant, and some of them are punished relatively recently, but the defendant committed a second offense, and that the defendant was serving as a previous driver's license without permission, etc.

However, the degree of the crime is not limited, such as the drinking volume and driving distance, and the previous records of the same kind of force was punished by a fine, and the previous records of the sentence were extremely old, and the defendant has divided his/her mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and other various sentencing conditions specified in the arguments of the case, such as the defendant's age, sex, environment, motive, means and result, shall be determined as ordered by the sentence.

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