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(영문) 인천지방법원 2017.11.29 2017고단7342
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 February 28, 2007, the Defendant received a summary order of KRW 4,50,000,000,000 as a fine for a violation of road traffic law (drinking) at the Goyang Branch of the Jung-gu District Court on February 28, 2007, as well as a fine of KRW 4,50,00 as a fine for a violation of road traffic law (drinking) at the Goyang Branch of the Jung-gu District Court

[2] On September 14, 2017, at around 23:06, the Defendant driven B Metea car in the state of alcohol concentration of approximately 0.175% in a 500-meter section from the front of the road in Gyeyang-gu Incheon, Incheon, Gyeyang-gu, to the front road of the 743 route operations, as in Gyeyang-gu, Incheon, the Defendant driven B Metea car in the state of under the influence of alcohol concentration of about 0.175%.

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 12 of the evidence list);

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was two times the same power as the defendant in sentencing, and that the amount of drinking alcohol in this case is relatively high, the defendant's responsibility is not easy.

However, the past records are not punishable by a fine, but have no record of crime against the defendant, and the defendant is in depth of his mistake, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined by taking into account various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc.

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