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(영문) 인천지방법원 2017.06.14 2017고단1801
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

[criminal history] On July 7, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (dacting driving) from the support of Suwon Frigwon, and on October 22, 2008, a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

[2] On February 1, 2017, around 01:45, the Defendant driven a B-hand car under the influence of alcohol content 0.117% in blood while under the influence of alcohol, with a distance of about 3 km from around 01:0 to the roads of 595-31 of the Dong-dong, Incheon, Nam-gu, Incheon.

As a result, the defendant, who violated the prohibition of drinking at least twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection, a report on the circumstances of the driver in charge, an appraisal, and a report on the detection of the driver in charge;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind) statute;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act is two times the same power and that the defendant has been sentenced to suspended sentence due to traffic accidents, but the driving distance in this case is a relatively long distance, the defendant's responsibility is not exceptionally applied.

However, the previous history of the same kind of punishment has been punished by a fine for a relatively long time, and the history of the punishment for suspended sentence has been very long, and the drinking volume of this case has not been high, and the defendant currently repents his mistake in depth, and other various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be considered.

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