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(영문) 인천지방법원 2018.08.13 2018고단4757
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 history] On July 7, 2009, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on May 4, 2016, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on May 4, 2016, and had the record of violating Article 44(1) of the Road Traffic Act two times or more.

[2] On May 6, 2018, the Defendant driven Hpoter II cargo vehicles from the section of about 1 km to the road of Kimpo-si, Kimpo-si, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Dong-ro, Kimpo-ro, and Dong-ro, Dong-ro, Dong-ro, Dong-ro, 1869, and the road of the Korean power plant.

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 result of regulating drinking driving;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a report on investigation (the same kind of force), a summary order four copies of the judgment, and the application of the statutes in Part IV of the judgment

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. 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. The crime of this case with the reason for sentencing under Article 6022-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, since the defendant, who had been already punished twice or more due to drinking driving, once again drives a car, has a record of criminal punishment of fines three times as a same crime, and the defendant has a high risk of causing harm to another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding the fine for the same crime before, and there is no traffic accident involving personal and material damage while driving alcohol.

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