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(영문) 인천지방법원 2016.05.19 2016고단1819
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

The Defendant, at the Incheon District Court on January 7, 2008, issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, and on January 31, 201, issued a fine of KRW 2 million to the same court as the same crime. On January 28, 2013, the Defendant was a person who had been in violation of Article 44(1) of the Road Traffic Act on at least two occasions by being sentenced to a fine of KRW 6 million by the same court as the same crime.

그럼에도 피고인은 2016. 2. 27. 00:30 경 혈 중 알콜 농도 0.066% 의 술에 취한 상태로 B 제네 시스 승용차를 운전하여 인천 서구 검암동 얼 큰 짬뽕 앞 도로에서부터 같은 구 봉수 대로에 있는 백석 대교 앞 도로에 이르기까지 약 2km 구간을 진행하였다.

As a result, the Defendant, while under the influence of alcohol, violated the prohibition of driving under Article 44(1) of the Road Traffic Act not less than twice and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, reports on the absence of disposition and the results of confirmation, and the application of Acts and subordinate statutes;

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 Order to Attend the School, even though the defendant had three times of the same kind of crime, is very poor in the course of the crime of this case. However, it does not reach the defendant's violation of other traffic-related Acts and subordinate statutes. The defendant's misunderstanding of his mistake is late, the defendant's degree of alcohol concentration, the defendant's age, sex, environment, family relation, etc. are considered in all the circumstances where the sentencing conditions are attached, such as the defendant's age, sex, family relation, etc.

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